Which of the following lists elements associated with economic duress?

• A. Mutual mistake
• B. Lack of capacity
• C. Consideration
• D. Preexisting contract; current emergency; threat to breach unless additional K

Answer: (D)

Economic duress is about pressuring someone to agree through an improper threat, leaving no reasonable alternative. The best answer combines three classic elements: there is an existing contract, an ongoing emergency, and a threat to breach that contract unless the other party agrees to additional consideration. That dynamic shows the coercive leverage used to extract a deal the pressured party wouldn’t have accepted otherwise.

Mutual mistake is about both sides sharing the same mistaken belief, which isn’t about coercive pressure. Lack of capacity concerns who can enter into a contract. Consideration is the bargained-for exchange that forms a contract, not a duress scenario. So the listed combination specifically captures the economic duress posture: using a threat to breach an existing contract during an emergency to grab extra terms.