What Is Contract Defense of Economic Duress Law in California
What is the Law in California for the Contract Defense of Economic Duress- California Civil Jury Instruction CACI 333
California Law
CA Civil Jury Instructions
CACI 333 - Contract Defense of Economic Duress
As of September 1, 2010
California Civil Jury Instruction CACI 333
333. Affirmative Defense—Economic Duress
[Name of defendant] claims that there was no contract because [his/
her/its] 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 a reasonable person in [name of defendant]’s position
would have felt that he or she had no reasonable
alternative except 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 badfaith
breach of contract is threatened"].
If you decide that [name of defendant] has proved all of the above,
then no contract was created.
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