Utah Affirmative Defense: Duress
The Utah Court of Appeals in the case In re Adoption of B.T.D., 2003 UT App 99, 68 P.3d 1021, 1026, stated:
In Andreini v. Hultgren, 860 P.2d 916 (Utah 1993), the Utah Supreme Court defined duress as an independent legal concept. It adopted the Restatement (Second) of Contracts' three-part standard for determining duress.5 Under that legal standard, a “contract is voidable by the victim” “[i]f ... assent is induced
- (1) by an improper threat
- (2) by the other party
- (3) that leaves the victim no reasonable alternative.”
Restatement (Second) of Contracts § 175 (1981); see Andreini, 860 P.2d at 921 (adopting Restatement's view of duress).