“A fundamental element in the creation of a contract is the free consent of the parties to the contract. Free consent is consent that is voluntarily and freely given. Free consent is defeated when one party enters into the contract under duress. ‘A contract is a voluntary agreement and the intention to enter into it should be formed freely and voluntarily, unaffected by unconscionable contributions.’ When the contract is not entered into under these circumstances but under compulsion and duress, it is not a binding and enforceable agreement.”
[California Affirmative Defenses [certain citations omitted]]
