TERM 1
Article 1948
DEFINITION 1
Vitiated consent.Consent may be vitiated by error, fraud, or
duress.
TERM 2
Article 1959
DEFINITION 2
Duress.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 reasonableness of the fear. (subjective
standard)
TERM 3
Article 1964
DEFINITION 3
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 duress may
recover damages and attorney fees from the third person.
TERM 4
Article 1960
DEFINITION 4
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.
TERM 5
Article 1963
DEFINITION 5
Contract with a 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injury may not be rescinded for duress if that person is in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.
