700.12B. [2] Duress

700.12B [2] Duress The law provides that if one party forces another party to enter into a contract by wrongful acts or threats that deprive the other party of his own free will, the contract cannot be enforced against the forced party. [Name of defendant] [Names of defendants] [claims] [claim] and [has] [have] the burden of proving [he] [she] [it] [they] [was] [were] compelled to enter into the contract by a wrongful act or threat that deprived [him] [her] [it] [them] of the exercise of free will in entering into the contract. Duress is intentional action by [name of plaintiff] [or a third party] presenting such a serious threat of loss or injury to [name of defendant] [names of defendants] that [name of defendant] [names of defendants] felt that [he] [she] [it] [they] had no reasonable alternative or choice but to enter the contract. [Name of defendant] [names of defendants] [claims] [claim] and [has] [have] the burden of proving that [he] [she] [it] [they] entered into the contract only because [name of plaintiff] [a third party] subjected [him] [her] [it] [them] to duress as follows: [State the alleged incidents of duress.] In order to prove a defense based upon duress, [name of defendant] [names of defendants] must prove both of the following by clear and convincing evidence: [1] [He] [She] [It] [They] entered into the contract only because [name of plaintiff] [a third party] subjected [him] [her] [it] [them] to the circumstances listed above; and the circumstances left [him] [her] [it] [them] with no reasonable choice but to enter the contract. [2] Plaintiff denies defendant's claim of duress. You will address these issues in question [__] on your verdict.