Since the free assent of the parties is essential to a valid contract, duress, either by imprisonment, threats, or other acts, by which the free will of the party is restrained and his consent induced, renders the contract voidable at the election of the injured party. Legal imprisonment, if not used for illegal purposes, does not constitute duress.
History. Orig. Code 1863, § 2716; Code 1868, § 2710; Code 1873, § 2752; Code 1882, § 2752; Civil Code 1895, § 3670; Civil Code 1910, § 4255; Code 1933, § 20-503.
Cross references.
General rules of pleading and requirement of setting forth duress as an affirmative defense, § 9-11-8 .
Structure Georgia Code
Article 1 - General Provisions
§ 13-5-1. Pleading of Facts Indicating Contract Not Obligatory Generally
§ 13-5-2. Incapacity Generally
§ 13-5-3. Exemption From Contractual Liability of Minor
§ 13-5-4. Mistake of Fact or Law
§ 13-5-7. Rescission or Release
§ 13-5-8. Noncompliance With Condition, Failure of Consideration, or Other Act as Defense
§ 13-5-9. Total or Partial Failure of Consideration Generally