合同与履行第 861 / 1605 题

A contractor signs a contract only after the owner threatens physical harm unless the contractor signs. The contract is most likely:

a.Enforceable because threats are irrelevant to contracts
b.Void only if it was unwritten
c.Fully enforceable because it was signed
d.Voidable by the contractor on the ground of duress

解析

A contract entered into under duress, such as a threat of physical harm that overcomes a party's free will, is voidable by the victim. Genuine consent is an essential element of a valid contract, and coercion undermines it. The mere fact that a document was signed does not make it enforceable if consent was coerced. The defense does not depend on whether the contract was written, and threats are highly relevant to whether assent was voluntary.

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