Moral Duress Law and Legal Definition

Moral duress refers to a condition where one is induced by the unlawful act of another to make a contract, or perform or forego an act under circumstances which will deprive him/her of the exercise of free will. The burden of proving such duress is on the person asserting it.

Moral duress has been defined as including “imposition, oppression, undue influence, or the taking of undue advantage of the business or financial stress or extreme necessities or weakness of another, whereby his free agency is overcome”. [Stavins v. Stavins, 70 Ill. App. 3d 622, 626 (Ill. App. Ct. 1979)]