And you lose because contracts under duress are unenforceable.
It's not so simple. Duress is where someone forces another into a bad position, eg by setting the house on fire first. A contract made under necessity (where the house is already on fire) will probably stand, unless it's for some wildly disproportional amount.
But in any case, a contract is not always required. In cases where one party knowingly accepts the beneficial services of another, they can be billed for it as if a contract existed.