SECTION 3. DURESS Art. 1959. Nature Consent is vitiated when it has been obtained by duress of such a nature as to cause a reasonable fear of unjust and considerable injury to a party’s person, property, or reputation. Age, health, disposition, and other personal circumstances of a party must be taken into account in determining […]
Art. 1960. Duress directed against third persons Duress vitiates consent also when the threatened injury is directed against the spouse, an ascendant, or descendant of the contracting party. If the threatened injury is directed against other persons, the granting of relief is left to the discretion of the court. Acts 1984, No. 331, §1, eff. […]
Art. 1961. Duress by third person Consent is vitiated even when duress has been exerted by a third person. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1962. Threat of exercising a right A threat of doing a lawful act or a threat of exercising a right does not constitute duress. A threat of doing an act that is lawful in appearance only may constitute duress. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1963. Contract with party in good faith A contract made with a third person to secure the means of preventing threatened injury may not be rescinded for duress if that person is in good faith and not in collusion with the party exerting duress. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1964. Damages When rescission is granted because of duress exerted or known by a party to the contract, the other party may recover damages and attorney fees. When rescission is granted because of duress exerted by a third person, the parties to the contract who are innocent of the duress may recover damages and […]
