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Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


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What does Duress Mean?

What does Duress Mean?

Duress may have been mentioned in the past as a method by which someone could break a contract, however, what does duress mean?  Legally, it is a set of circumstances whereby the individual under duress involuntarily accepted the terms of another; that those circumstances permitted no other alternative and that those same circumstances were the result of the coercive acts of the opposite party.  That is a mouthful and may appear to be a bit confusing.

I have heard clients arguing duress as a defense when they had many alternatives available and although they perceived they were under a coercive pressure, it was more a perception than a reality.  Duress is a viable defense.  For example, the video below mentions signing a contract or there will be serious bodily harm.  That, it could be argued, is duress.  However, duress is not as cut and dry as it would first appear.  Issues as to whether the party arguing duress behaved in a voluntary or involuntary manner or whether there existed no other alternative.

Whether or not there is another alternative is a very intriguing proposition when addressing the question:  What does Duress mean?  Often, clients argue they signed under duress because the contract they signed or the agreement they made was the best alternative considering their situation.  It was not the optimal outcome and often far from it.  However, there is a perception of pressure which has placed them in this difficult position.  Unexplored alternatives is one of the very reasons it it important to discuss your options with a Lawyer prior?  Duress is a viable defense but should be carefully analyzed to see if it is a viable defense.

I hope this brief discussion has been helpful.  If you find yourself in a difficult situation and feel you have no other alternative, call a lawyer.  If you live in Stuart, Port St. Lucie or Jupiter, give my office a call.  It is important to make the call before you get into a situation whereby you have to assert duress as a legal defense.  The only way to find out is to make the call.

I appreciate the time you have taken to review my website.  Thank you and have a wonderful day.

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