Duress or Undue Influence: Voidable Agreements

A contract entered into under duress or undue influence is generally considered 'voidable'. This means that the party who was subjected to the duress or undue influence has the option to choose whether to uphold the agreement or to rescind (cancel) it.

Here's a breakdown of why this is the case:

• Duress: This refers to a situation where one party forces another party to enter into a contract by using threats or coercion.
• Undue Influence: This occurs when one party takes advantage of a position of power or trust to unfairly influence another party into making a decision they wouldn't otherwise make.

In both cases, the law recognizes that the consent given by the victimized party was not truly free and voluntary. This lack of genuine consent makes the agreement 'voidable' at the victim's discretion.