Under what circumstances can a contract executed under duress be voided?

Prepare for the Texas Contract Law Exam. Study with engaging multiple choice questions, each with explanations. Get ready to excel in your Texas Contract Law Exam!

A contract executed under duress can be voided at the option of the pressured party because duress undermines the voluntary nature of contract formation. Duress involves coercion that compels an individual to enter into a contract against their free will, undermining the essential element of mutual assent, which is foundational for a valid contract.

When a party can demonstrate that they were forced into a contract through threats or unlawful pressure, they have the right to void that contract. This option to void is a remedy intended to protect individuals from being taken advantage of in situations where their ability to make informed, voluntary decisions was compromised. In legal terms, the pressured party has the autonomy to reject the contract, reinstating their right to negotiate terms freely without coercive influence.

The other options do not accurately reflect the principle of duress in contract law. Mutual agreement of both parties is not required for the pressured party to void the contract, as negative consent is not considered valid when duress is present. Furthermore, proving damages is irrelevant to the ability to void the contract; the existence of duress itself is sufficient to invalidate the agreement regardless of any subsequent damages. Lastly, contracts executed under duress can indeed be voided, contradicting the assertion that they cannot

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