When an agreement is made under duress, it raises questions about the validity of the agreement. Duress refers to any physical or emotional pressure that is exerted on an individual to compel them to enter into an agreement against their will. It is important to understand whether agreements made under duress are void or voidable.
Voidable Agreements
Agreements made under duress are typically considered to be voidable. This means that the parties involved have the option to either affirm or reject the agreement. If the agreement is rejected, it can be declared null and void by a court of law. This is because the agreement was not entered into willingly, and therefore, it is unfair for one party to be bound by its terms.
To avoid being bound by a voidable agreement, the aggrieved party must take action as soon as possible. This involves notifying the other party that the agreement is being rejected on the grounds of duress. If the aggrieved party is successful in proving that the agreement was entered into under duress, it can be declared null and void.
Void Agreements
In some cases, agreements made under duress can be considered void. This means that the agreement is not legally binding from the outset. For an agreement to be considered void, the duress must be so severe that it renders the agreement impossible to perform.
Examples of situations where an agreement may be considered void due to duress include:
– Threatening physical harm or violence
– Threatening to disclose embarrassing or damaging information
– Threatening to withhold necessities such as food, water, or shelter
– Blackmail
If any of these forms of duress are present, the agreement may be considered void. In these cases, the aggrieved party does not need to take any action to reject the agreement, as it is not legally binding.
Conclusion
Agreements made under duress are often considered to be voidable. This means that the parties involved have the option to affirm or reject the agreement. If the agreement is rejected, it can be declared null and void by a court of law. However, in some cases, agreements made under duress may be considered void from the outset if the duress is severe enough to render the agreement impossible to perform. If you believe that you have entered into an agreement under duress and wish to reject it, it is important to seek legal advice as soon as possible.