D is corrent because duress exists when one of the contracting parties induces the other party into the agreement by acting or threatening to act in such a manner so as to deprive the second party of his free will in making the decision to enter the contract. Doe can therefore claim duress if improper threats are made by Tuck which deprive Doe of his free will and cause Doe to agree.
A is incorrect because whereas duress occurs when there are improper acts or threats, an unconscionable contract is an oppressive contract wherein one party takes unfair advantage of the other, usually because of the latter’s absence of choice or poor education.
B is incorrect because although a confidential or fiduciary relationship must be present in order for undue influence to occur, there is no such requirement for duress.
C is incorrect because for duress to be present there is no requirement that the threatening party must have intended that the second party be influenced by the threats; just that the second part was influenced by the threats, regardless of intent.
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