Many business owners agree to numerous commercial contracts during their lifetimes. However, very few believe they have signed a new contract under duress. In saying this, our law recognises situations where individuals are forced to sign a document against their will. This article will explore what constitutes duress and the situations in which your business can avoid performing the agreement.<\/p>\n\n\n\n
Our law defines duress as any situation in which an individual is forced to sign a contract they did not intend to. The main requirement is that the individual had no choice but to comply at that time.<\/p>\n<\/div>\n\n\n\n
The most commonly pleaded version of duress is where a business owner is threatened with violence against themselves or others if they refuse to agree to a commercial arrangement. However, our law also recognises a threat of violence against property (such as a threat to burn down business premises).<\/p>\n\n\n\n
Our courts will not enforce any contract or written agreement which comes into being because someone coerced one party into signing it. Put simply, if the signature of the contract was not voluntary, it is unlikely to be binding<\/a> on that individual.<\/p>\n\n\n\n However, there is a slightly blurred line between situations in which an individual truly has no choice but to agree and scenarios in which they feel high levels of peer pressure or minor intimidation. Every situation is highly fact sensitive.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n