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CACI 332

What Is Contract Defense of Duress Law in California

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What is the Law in California for the Contract Defense of Duress- California Civil Jury Instruction CACI 332

California Law

CA Civil Jury Instructions

CACI 332 - Contract Defense of Duress

As of September 1, 2010

California Civil Jury Instruction CACI 332

332. Affirmative Defense—Duress

[Name of defendant] claims that there was no contract because [his/

her] consent was given under duress. To succeed, [name of

defendant] must prove all of the following:

1. That [name of plaintiff] used a wrongful act or wrongful

threat to pressure [name of defendant] into consenting to the

contract;

2. That [name of defendant] was so afraid or intimidated by

the wrongful act or wrongful threat that [he/she] did not

have the free will to refuse to consent to the contract; and

3. That [name of defendant] would not have consented to the

contract without the wrongful act or wrongful threat.

An act or a threat is wrongful if [insert relevant rule—e.g., "a

criminal act is threatened"].

If you decide that [name of defendant] has proved all of the above,

then no contract was created.

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