In Texas, duress refers, in general, to situations where one person unlawfully threatens another person in order to get them to do something they normally would not do. Words that are commonly used to express duress can include force, pressure, coercion, and undue influence.
It is important to note that the precise definition of duress will vary by jurisdictions. This means that it is important to consult with a local Texas attorney to determine if there are any unique elements or requirements to prove duress.
Duress may be a civil issue and may also be used in criminal cases as a defense. Examples of how duress may come up in civil cases can include telling an individual that, if they do not sign a contract, humiliating information will be released about them or that someone close to them will be harmed.
A Texas lawyer can help their client understand the different ways duress can arise in both civil and criminal cases, as well as how it can be proven in a court of law.
What Is Criminal Duress?
Duress may be used as a defense to a crime. When duress is used as a defense to a crime, the defendant asserts that they had to commit the offense because of the threat of violence or violence.
Duress can be presented as a defense with the idea that the perpetrator did not have free will to commit the offense because of the duress they were under. Due to this duress, the defendant behaved in a way that they otherwise would not have.
In general, the elements a defendant must prove to assert a duress defense include:
- Being in immediate danger of serious bodily harm or death
- Being in fear that the harm would be carried out
- There was no other way to avoid the harm than to commit the criminal offense.
Common examples of when duress is used as a defense in a criminal case include an individual robbing a store because someone threatened them with a gun or committing a crime because someone threatened their child. Whether or not a defendant’s claim of duress will depend on the circumstances that surround the offense.
If the threatened danger is not immediate and the defendant could have reasonably escaped, the defense of duress may not be successful. If the threat of harm is not realistic, for example, the weapon is clearly fake, the duress defense also may not be available.
For an evaluation of the potential for the success of a duress defense in a criminal case, it is essential to schedule a lawyer consultation in Texas.
When Does Duress Occur in Contracts?
Duress most commonly arises in relation to contracts in civil law. In the context of contracts, duress arises when a party uses fear or threats to induce another individual to enter into a contract, even when they do not find the terms to be favorable.
Even though the term coercion may be used to describe duress, there are distinctions between the two legal concepts. Duress is a specific type of coercion based on imminent threats that make an individual feel pressured into doing something they otherwise would not do. It is based on the individual’s state of mind at the time they signed the contract.
Coercion is a broader term that still involves making someone do something they would not normally do, but the threat may be more broad and not as immediate. With coercion, the pressure or threat can be more general and less immediate, such as never getting a promotion if a certain action is not taken at work.
What Does It Mean To Sign Something Under Duress?
If something is signed under duress, such as a contract, it means a party to the contract signed it against their free will. If this happened, it means the contract may be legally voided.
If someone was forced to sign a contract under duress and they do not perform their obligations under the contract, they can raise duress as a defense if a breach of contract lawsuit is filed against them. Because written proof of duress does not always exist, it can be difficult to prove.
It may not be possible to file an independent lawsuit based solely on duress. However, a party can use duress as a defense if a lawsuit is filed against them.
In general, to show duress occurred related to a contract, an individual will need to show the following:
- There was a legal contract between the parties
- There was a threat or wrongful pressure made against one party
- The party felt pressured to accept the terms and felt there was no other option
- The party agreed to the terms of the contract they would not have otherwise accepted
The court will examine several factors, including the bargaining power of the parties, the time constraints surrounding the agreement, the mental state of the party under duress, whether there were any reasonable alternatives, and whether there were any other factors that would have made a party feel forced to quickly sign the contract. It is important to consult with a local Texas lawyer to determine exactly what is needed to show duress in a specific jurisdiction.
What Is Economic Duress in Texas and When Does It Occur?
In Texas, economic duress arises in a commercial contract when a party uses financial or economic threats to force an individual into a contract. This type of duress is more difficult to prove.
A court will analyze the facts of these types of cases very closely, examining the ages, education levels, relationships, and mental states of the parties involved. In addition, there must have been no reasonable alternative present than for the party that was under pressure to accept the terms because of the economic duress.
Examples of how economic duress may arise include:
- One party will be financially ruined if they do not sign a contract, even though they will be at a large disadvantage in the contract
- One of the parties takes advantage of the fact that the other party is financially struggling to obtain a discount on payment under a contract that already exists
How Does Duress Affect Consideration in Contracts?
Consideration in a contract is the exchange of promises that all contracts are based on. Generally, with sales contracts, consideration is when one party agrees to pay and the other party agrees to provide the goods purchased.
In the context of a contract, the duress can affect consideration. When no consideration exists, it can be used to show duress was present.
This is because, although one party benefits, the other party only gets the original promise. Promising to complete an act an individual is already legally bound to do is not consideration.
It is important to be aware, however, that this does not automatically prove duress occurred. It only shows that duress may have been present because it is not normal to have a contract situation where only one of the parties benefits.
In a contract situation, both of the parties should benefit from the agreement.
Should I Hire a Texas Attorney for Help With Duress Legal Issues?
If you have any questions or concerns related to duress or if you are being sued for breach of contract in Texas, it is very important to reach out to a Texas contract lawyer for advice and assistance. Your contract lawyer can review your situation, any existing contract, and evaluate whether you may be able to use the defense of duress in your case.
You can use the online no-cost lawyer-client matching services provided by LegalMatch to find a contract lawyer near you in Texas who can help you with any concerns you have related to duress. It will only take you around 15 minutes to complete the online submission process and find a licensed and prescreened Texas contract lawyer near you, so get started today.
