2021 Georgia Code
Title 13 - Contracts
Chapter 5 - Defenses
Article 1 - General Provisions
§ 13-5-6. Duress
Since the free assent of the parties is essential to a valid contract, duress, either by imprisonment, threats, or other acts, by which the free will of the party is restrained and his consent induced, renders the contract voidable at the election of the injured party. Legal imprisonment, if not used for illegal purposes, does not constitute duress.
(Orig. Code 1863, § 2716; Code 1868, § 2710; Code 1873, § 2752; Code 1882, § 2752; Civil Code 1895, § 3670; Civil Code 1910, § 4255; Code 1933, § 20-503.)
Cross references.- General rules of pleading and requirement of setting forth duress as an affirmative defense, § 9-11-8.
JUDICIAL DECISIONSANALYSIS
- General Consideration
- What Constitutes Duress
- Threats of Prosecution or Imprisonment
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Contracts, § 153. 25 Am. Jur. 2d, Duress and Undue Influence, §§ 1, 3 et seq., 24, 229.
8C Am. Jur. Pleading and Practice Forms, Duress and Undue Influence, § 1.
C.J.S.- 17 C.J.S., Contracts, § 168 et seq.
ALR.
- Validity of contract executed under duress exercised by third person, 4 A.L.R. 864; 62 A.L.R. 1477.
Validity of separation agreement as affected by fraud, coercion, unfairness, or mistake, 5 A.L.R. 823.
Innocence of the person threatened as affecting the rights or remedies in respect of contracts made, or money paid, to prevent or suppress a criminal prosecution, 17 A.L.R. 325.
Seller's concealment of ownership of other property inducing exclusion of same from contract as actionable fraud, 26 A.L.R. 990.
Validity of contract for repayment of embezzled money, 32 A.L.R. 422.
Threat of withdrawal or withholding of banking accommodation as duress, 33 A.L.R. 127.
Duress by company furnishing power or the like, 34 A.L.R. 185.
Duress in insisting upon release before delivery of property where parties are not on equal footing, 70 A.L.R. 711.
Validity, construction, applicability, and effect of provision in real estate mortgage regarding payment of taxes or assessments by mortgagee, 74 A.L.R. 506.
Doctrine of "business compulsion", 79 A.L.R. 655.
Undue influence by third person in which immediate beneficiary did not participate, 96 A.L.R. 613.
What amounts to acceptance by owner of work done under contract for construction or repair of building which will support a recovery on quantum meruit, 107 A.L.R. 1411.
Contract in settlement of labor dispute as avoidable upon ground of duress, 145 A.L.R. 1171.
Right of action for fraud, duress, or the like, causing instant plaintiff to release or compromise a cause of action against third person, 58 A.L.R.2d 500.
Ratification of contract voidable for duress, 77 A.L.R.2d 426.
What constitutes "duress" in obtaining parent's consent to adoption of child or surrender of child to adoption agency, 74 A.L.R.3d 527.
Economic duress or business compulsion in execution of promissory note, 79 A.L.R.3d 598.
Validity of release from civil liability where release is executed by person while incarcerated, 86 A.L.R.3d 1230.
Liability for interference with at will business relationship, 5 A.L.R.4th 9.
Liability of third party for interference with prospective contractual relationship between two other parties, 6 A.L.R.4th 195.
Refusal to pay debt as economic duress or business compulsion avoiding compromise or release, 9 A.L.R.4th 942.
Economic duress or business compulsion in execution of contract for sale of real property, 12 A.L.R.4th 1262.
What constitutes duress by employer or former employer vitiating employee's release of employer from claims arising out of employment, 30 A.L.R.4th 294.
