In what circumstances will a plaintiff be able to bring a claim for damages under duress?

California, United States of America


The following excerpt is from Leeper v. Beltrami, 333 P.2d 402 (Cal. App. 1958):

As this court said in Lewis v. Fahn, supra, 113 Cal.App.2d at page 101, 247 P.2d at page 835, 'given an unlawful demand, a threat of groundless litigation unless the unlawful demand be met presents a situation where courts should not too readily listen to a claim by the party extorting the payment that his victim ought to have been a braver man and should have resisted his attack.' The complaint states a cause of action in duress.

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