Question

If one of the parties to a contract is forced to agree out of fear of harm, then genuineness of assent has not been achieved. The legal defense of _____ is available here, and the contract may be rescinded.

Answer 1

Answer: duress

Explanation: The legal defense available in this situation is duress. Duress is defined legally as a restraint in which a person is influenced, whether by lawful or unlawful forceful compulsion of their liberty by monition or implementation of physical enforcement; legally for the incurring of civil liability, of a citizen's arrest, or of subrogation, or illegally for the committing of an offense, of forcing a contract, or of using threats. Genuineness of assent is not achieved when parties are forced to agree to something under threat of harm.

Answer 2

Answer:

duress

Explanation:

A contract may not be enforced it any of the parties does not give genuine or real assent, i.e. they freely agree with the contract terms.

Duress happens when one of the parties threatens to do something bad or wrong to the other party in order to force them to enter a contract. Contracts agreed under duress can be invalidated.