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 In Gomillion v. Forsythe, 218 S.C. 211, 62 S.E.2d 297, 302 (S.C. 1950), the South Carolina Supreme Court stated that: Coercion of the character considered is in the nature of fraud, because it means the exercise of such importunity and urgency of persuasion, or overpersuasion, as it is sometimes called, as to destroy the free agency of the party sought to be coerced, and to prompt him or her to do what is really against his or her will. In other words, it must be such as to take away the free agency of the party sought to be coerced and substitute the will of another in the place of his or her own. This is what is sometimes called moral coercion, and is practically synonymous with undue influence.


A related doctrine is the doctrine of economic duress, for which the elements are: (1) the coerced party must show that he has been the victim of a wrongful or unlawful act or threat; (2) that such act or threat must be one which deprives the victim of his unfettered will; (3) as a direct result the coerced party must be compelled to make a disproportionate exchange ...

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