The Legal Principle of Duress in Contract Law

What happens if Matilda tries to rescind the contract signed under duress?

If Matilda tries to rescind the contract signed by her because of Selma's threat to kill her daughter, does she have the legal right to do so?

Answer:

If Matilda tries to rescind the contract signed by her because of Selma's threat to kill her daughter, she has the legal right to do so.

When a contract is made under duress, it means that one party is forced to enter into the contract against their will due to threats or coercion from the other party. In this case, if Matilda signed the contract with Selma to sell her house because of the threat to her daughter's life, the contract is considered voidable under the legal principle of duress.

Duress is defined as the use of force or threats to compel someone to do something. In contract law, if a party is induced to enter into a contract through duress, that party has the legal right to rescind or cancel the contract. The threat of harm to Matilda's daughter in this situation constitutes duress, as it pressured Matilda into signing the contract against her will.

Therefore, if Matilda decides to rescind the contract due to the duress exerted by Selma, she is within her legal rights to do so. The contract between Selma and Matilda is considered void because it was not entered into by mutual agreement, which is essential for a valid contract.

It is important to uphold the legal principle that contracts made under duress are voidable, as it protects individuals from being forced into agreements against their will. Matilda should not be held bound by a contract that was signed under such circumstances, and she has the legal right to rescind it.