What Is Contract Defense of Duress Law in California
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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