A member asked
almost 9 years ago
Bullied into singing a contract
If someone bullies me do I still have to fulfil a contract I entered with them?
Researchers at LawAdvisor
If you have been bullied into entering a contract, the law may allow you to walk away from the contract because you signed it under duress and did not genuinely consent to the agreement. Whether this principle of “duress” applies to your situation will depend on several factors.
The law may allow you to not fulfil your contractual obligations if the other party exerted illegitimate pressure to coerce you into entering the contract. Coercion may involve actual or threatened violence against you or a relative, unlawful seizure of or damage to goods that belong to you, or refusal to fulfil pre-existing obligations unless more money is paid. If the other party to the contract is a corporation, you can rely on the Australian Consumer Law to protect you as a consumer from this type of bullying conduct.
If the pressure placed on you by the other party was significant but not illegitimate, you may still be able to get out of the contract. Depending on your relationship with the other party, you may have a legal claim if the other party was more dominant and unduly influenced you to obtain a benefit they would otherwise not receive. Alternatively, if you were suffering from some kind of disability or weakness in comparison to the other stronger party, you may be able to claim that keeping the contract on foot is grossly unfair or “unconscionable”.
An important factor to consider with respect to any of these legal actions is the amount of time that has lapsed since entering the contract and whether you have already fulfilled some of your obligations under the contract. If a lot of time has lapsed or you have performed most of your obligations under the contract, deciding now to get out of the contract may be difficult.
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