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Miami Business Law & Commercial Litigation > Blog > Business Financial Dispute > What Happens If My Contract Was Signed Under Duress In Florida?

What Happens If My Contract Was Signed Under Duress In Florida?

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If you’re running a business in Florida, you’ve probably signed your fair share of contracts. In many ways, contracts form the foundation of all business activities in the state, and these legal agreements allow companies to collaborate with a sense of security and confidence. But what happens when contract disputes arise? What happens when one party claims that the contract was actually signed under duress? What does “duress” even mean in a legal context?

These are all important questions, and they’re probably best left answered by a legal professional. Get in touch with an attorney who has experience with business litigation, and you can approach this situation in a confident, efficient manner. Whether you signed a contract under duress or someone else is claiming that you subjected them to duress, a lawyer can help you seek a positive outcome.

The Definition of Duress 

Duress is closely linked to the legal concept of coercion. When someone is coerced into doing something, they’re acting against their will. People can be coerced in many different ways, although the classic example is a direct threat of violence. However, coercion can be much more subtle, and another common example includes blackmail.

When someone is being coerced, they are said to be acting “under duress.” For example, if someone is coerced into signing a contract, they can claim that they signed the document under duress. If they can successfully prove this, then the contract becomes invalid.

How to Prove Duress 

In Florida, individuals must show that two factors are present in order to successfully prove duress:

  1. “That the act sought to be set aside was effected involuntarily and thus not as an exercise in free choice or will.”
  2. “That this condition of mind was caused by some improper and coercive conduct of the opposite side.”

In other words, the alleged victim must show that they signed the contract involuntarily and that they did so due to the conduct of the other party.

It’s worth mentioning that proving duress is quite difficult in Florida. The aggrieved party must provide sufficient evidence to show that their state of mind was actually affected in a meaningful way by the conduct of the other party. In order to determine whether they were truly under duress, the court will consider various factors, including their age and experience. It becomes quite difficult to believe that an experienced entrepreneur would sign a document under duress, as someone with many years in the business world should know that they could simply refuse to sign the agreement.

Enlist the Help of a Qualified Attorney Today 

The Miami business & financial dispute lawyers at Alhalel Law are prepared to assist you today. Over the years, we have worked with numerous businesses in the Florida area, and we know how to handle a wide range of situations, including contract disputes. Book your consultation as soon as possible, and we can begin working on an effective action plan immediately.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0673/Sections/0673.3051.html

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