UT · jury_instructions
MUJI 2d CV2122
Duress.
[Name of defendant] claims that [his] contract with [name of plaintiff] is not binding because [he] was forced to enter into the contract. To succeed on this claim, [name of defendant] must prove that [he] did not intend to enter into the contract, and:
Either [Instruct only on the elements for which there is some evidence.]
(1) [he] was physically forced to enter into the contract by [name of plaintiff or plaintiff's agent]; or
(2) [he] was influenced to enter into the contract by an improper threat by [name of plaintiff or plaintiff's agent] that left [him] no reasonable alternative but to agree; or
(3) [he] was influenced to enter into the contract by an improper threat by [someone other than plaintiff or plaintiff's agent] that left [him] no reasonable alternative but to agree. This, however, will not relieve [name of defendant] from the contract if [name of plaintiff] in good faith and without reason to know of the improper threat either gave up something of value or relied on the contract in a significant way.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
1f7cac917f356d24aea961833790b38ccdff66eae4daffd044a92c4024b93764
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