M Civ JI 142.40 Duress

[ Name of party being sued on contract ] claims that the agreement upon which [ name of party ] relies is void because the [ he / she ] was under duress at the time [ his / her ] promise was made. A person whose agreement to a contract was brought about by duress is not bound by that agreement. [ Name of party being sued on contract ] must establish that [ he / she ] was illegally compelled or coerced to act out of fear of serious injury to [ his / her ] person, reputation, or fortune.

Comment

Enzymes of America, Inc v Deloitte, Haskins & Sells, 207 Mich App 28 (1994), rev’d on other grds, 450 Mich 889 (1995); Apfelblat v Nat’l Bank Wyandotte-Taylor, 158 Mich App 258 (1987).

History

M Civ JI 142.40 was added March 2005.