8. if duress is present ina contract negotiation, thevictim: a)must still perfor
ID: 2770933 • Letter: 8
Question
8. if duress is present ina contract negotiation, thevictim: a)must still perform under the contract b)can rescind the contract c0must still perform under the contrat unless the other partyallows him or her to get out of the contract d)has no legal recourse what soever 8. if duress is present ina contract negotiation, thevictim: a)must still perform under the contract b)can rescind the contract c0must still perform under the contrat unless the other partyallows him or her to get out of the contract d)has no legal recourse what soeverExplanation / Answer
Duress is a wrongful act or threat by one person that compelsanother person to perform some act, such as sign a contract, whichhe or she would not have performed voluntarily. As a result, thereis no true meeting of minds of the parties and, therefore, there isno legally enforceablecontract. Blackmail, threats of physical violence, orthreats to institute legal proceedings in an abusive manner canconstitute duress. The consensus of most jurisdictions is that thethreat to commence legal proceedings against another person whichmight be justifiable becomes wrongful when done with the corruptintent to coerce a transaction that bears no relation to thesubject of such proceedings and is grossly unjust to thevictim.
A contract induced by duress is either void orvoidable. If the duress consists of one party taking theother's hand as a mechanical instrument by which to sign his or hername to a contract, the contract is void ab initio forlack of any intent on the victim's part to perform the act. Theresult is the same if the victim is compelled to sign a contract atgunpoint without any knowledge of its contents. These are highlyunusual situations. In most cases involving duress the contract isvoidable, and the person who was subjected to the duress can askthe court to declare the contract unenforceable.
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