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Figure 6.4ElementPhysical DuressEmotional DuressEconomic DuressDuressAgreements Made Defective by DuressDescriptionActual physical violence is used to force a person toenter a contract.Threat of physical force is used to force a person toenter a contract.Threats to a person’s business or professional reputationare used to force a party to enter a contract.AGREEMENTS MADE DEFECTIVE BY DURESSGenuine agreement can be disrupted by duress. Which of the typesof duress is used most often to gain commercial advantage?Parties to an agreement must enter into it voluntarily, not underduress. Duress is overcoming a person’s will by use of force or bythreat of force or bodily harm. Agreements made under duress areeither void or voidable. Figure 6.4 explains the specific types of duressrecognized by the law. Criminal figures who threaten to hurt merchantsif they do not pay fees for “protection” are using duress tosecure an agreement.When actual physical force is used to cause another to enter a contract,the contract is void. When a threat of physical force is used, thecontract is voidable. Such a threat may be made against the party to acontract or against a member of that person’s family. The innocentparty may avoid the contract if he or she chooses to do so.Another type of duress is economic duress . It consists of threatsto a person’s business or income that cause him or her to enter a contractwithout real consent.Example 9. Baby-sitter Genevieve Sands sat with the childrenof one mother several times for an agreed price. One day themother said that she wished to now pay 50 cents less per hour.The woman threatened to spread rumors around the neighborhoodthat Genevieve was a careless baby-sitter if Genevieverefused to agree to the pay cut. This was an attempt to reach anagreement by threatening economic harm to the baby-sitter’sfuture business.Voidable ContractsThe contracts of mentallyimpaired personsare voidable, andguardians are oftenappointed to help protectthese individuals.The elderly are particularlyvulnerablebecause they maysuffer from dementiarelatedillnesses suchas Alzheimer’s disease,which slowly destroysthe brain. How dothese victims managetheir day-to-dayaffairs and avoidbecoming victims?Get InvolvedInquire about volunteeringat the geriatricdepartment of alocal hospital. Becomea volunteer reader ata local nursing homeor hospice. Offer tohelp elderly familymembers.Note, however, that a threat to exercise one’s legal rights is notduress. For example, to enforce an agreement, a party with grounds tosue may threaten to do so or demand satisfaction.Chapter 6: Genuine Agreement 137