New York State Private Investigator Practice Exam

In which case would duress be applicable?

1. A person enters into a contract voluntarily

2. A person is threatened into committing an act against their will

3. A person is coerced into a legal agreement

4. A person refuses to sign a document despite pressure

The correct answer is: A person is threatened into committing an act against their will

Duress applies in situations where an individual is forced to act against their will due to threats or coercion. In this case, the correct answer identifies a scenario where a person is threatened into committing an act they do not want to undertake, clearly indicating that their free will has been compromised by external pressure. This aligns with the legal definition of duress, which emphasizes that the individual felt compelled to act due to the threat, absorbing the essence of being unable to exercise free will. In contrast, the other scenarios do not encapsulate the legal concept of duress. A situation where a person enters into a contract voluntarily reflects a complete exercise of free will, without any external pressures. Coercing someone into a legal agreement also hints at duress, but it does not explicitly mention the element of threat, which is crucial for establishing duress. Lastly, when someone refuses to sign a document despite pressure, it suggests resistance to coercion or duress rather than the experience of being forced to act against their will. Thus, the key element in the correct response is the direct threat that compels the individual, a pivotal aspect of understanding duress.