Duress

Duress also encompasses the same harm, threats, or restraint exercised upon the affected individual's spouse, child, or parent.

Duress is distinguishable from UNDUE INFLUENCE, a concept employed in the law of wills, in that the latter term involves a wrongdoer who is a fiduciary, one who occupies a position of trust and confidence in regard to the testator, the creator of the will.

Duress also exists where a person is coerced by the wrongful conduct or threat of another to enter into a contract under circumstances that deprive the individual of his or her volition.

As a defense to a civil action, the federal Rules of CIVIL PROCEDURE require that duress be pleaded affirmatively.

Except with respect to HOMICIDE, a person who is compelled to commit a crime by an unlawful threat from another person to injure him, her, or a third person, will generally not be held responsible for its commission.