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George entered into a contract to sell his car to Martha. Martha fell behind on

ID: 1171372 • Letter: G

Question

George entered into a contract to sell his car to Martha. Martha fell behind on the payments, and George threatened to repossess the car. Martha's friend Gina, who was concerned that Martha would lose her job if she lost her sole source of transportation, verbally told George that she would pay Martha's car payments if Martha did not. George agreed to allow Martha to keep the car. When Martha missed the next payment, however, Gina refused to pay George, saying it really wasn't her problem. Can George sue Gina to enforce her promise? A. Yes, because their agreement contained a serious offer with definite terms that was communicated, accepted and supported by valid consideration B. Yes, because both parties had equal bargaining power. C. No, because Gina's promise was not in writing D. No, because George's threats constituted duress.

Explanation / Answer

No. because George's threats constituted duress . Gina under stress that her friend would lose her job if she lost her car entered into an agreement without thinking.

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