Thursday, October 6, 2011
Elements of Duress Defense
AFFIRMATIVE DEFENSE OF DURESS
Essential elements to prove the applicability of this affirmative defense in bid to avoid contract
The elements of duress are: (1) a threat or action taken without legal justification; (2) the action or threat was of such a character as to destroy the other party’s free agency; (3) the threat or action overcame the opposing party’s free will and caused it to do that which it would not otherwise have done and that which it was not legally bound to do; (4) the restraint was imminent; and (5) the opposing party had no present means of protection. Chapman Children’s Trust v. Porter & Hedges, L.L.P., 32 S.W.3d 429, 443 (Tex. App.—Houston [14th Dist.] 2000, pet. denied).
SOURCE: Houston Court of Appeals - 01-08-01029-CV - 9/22/11