Duress is a term used in legal terms to describe a situation where undue force or pressure is applied to one party to a contract, causing them to enter into an agreement against their will. The question of whether or not duress applied to one party makes the agreement legally binding is a complex one, with a number of factors to consider.
The basic principle behind contract law is that both parties must enter into the agreement willingly, with full knowledge of the terms and conditions. If one party is coerced into accepting the terms of the contract, then the agreement can be considered null and void. This is because the party under duress did not fully consent to the agreement, and their willingness to enter into the contract was compromised by external factors.
However, there are some situations where duress may not necessarily make a contract unenforceable. For example, if the party under duress had a viable alternative to accepting the terms of the contract, and chose to enter into the agreement anyway, then the contract could still be considered legally binding. Similarly, if the party under duress had the opportunity to seek legal representation or advice before entering into the contract, but chose not to, then the agreement may still be considered valid.
Ultimately, the question of whether or not duress applied to one party makes the agreement depends on the specifics of each individual case. Factors such as the severity of the duress, the alternatives available to the party under duress, and the level of knowledge and understanding they had of the terms of the contract at the time of signing will all be taken into account.
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