What term refers to unlawful constraint that forces a person to perform an act against their will?

What term refers to unlawful constraint that forces a person to perform an act against their will?

• A. Fraud
• B. Duress
• C. Coercion
• D. Implied consent

Answer: (B)

The term that refers to unlawful constraint that forces a person to perform an act against their will is duress. In legal contexts, duress involves a situation where an individual is compelled to act in a way that they would not have chosen voluntarily, due to threats, intimidation, or pressure from another party. This force can be physical, emotional, or economic in nature and undermines the individual's ability to make free and informed decisions. Understanding duress is essential in real estate transactions because contracts entered into under duress may be deemed unenforceable. It highlights the importance of ensuring that all parties involved in a transaction do so willingly and with full capacity to consent, fostering fair dealings in the real estate market. The other terms have different meanings: fraud involves deception to secure unfair or unlawful gain; coercion is often used interchangeably with duress but can sometimes refer more broadly to forcing someone to act in a certain way, typically involving threats; and implied consent relates to permission that is inferred from actions or circumstances rather than explicitly stated, which does not apply in the context of forceful actions against someone's will.

The term that refers to unlawful constraint that forces a person to perform an act against their will is duress. In legal contexts, duress involves a situation where an individual is compelled to act in a way that they would not have chosen voluntarily, due to threats, intimidation, or pressure from another party. This force can be physical, emotional, or economic in nature and undermines the individual's ability to make free and informed decisions.

Understanding duress is essential in real estate transactions because contracts entered into under duress may be deemed unenforceable. It highlights the importance of ensuring that all parties involved in a transaction do so willingly and with full capacity to consent, fostering fair dealings in the real estate market.

The other terms have different meanings: fraud involves deception to secure unfair or unlawful gain; coercion is often used interchangeably with duress but can sometimes refer more broadly to forcing someone to act in a certain way, typically involving threats; and implied consent relates to permission that is inferred from actions or circumstances rather than explicitly stated, which does not apply in the context of forceful actions against someone's will.