A. What are the two types of duress and what is the effect of each on the contract involved?
b. Give an example of each type of duress.
c. Who does the law intend to protect by reason of the defense of duress? Why does the law protect this type of person?
a. The first is called physical duress and occurs when a party is compelled to manifest assent to a contract through actual physical force. It renders the agreement void.The second type of duress involves the use of improper threats or acts, including economic or social coercion, to compel a person to enter into a contract. The threat may be explicit or it may be inferred from words or conduct. This type of duress makes the contract voidable at the option of the coerced party.
b. Pointing a gun at a person or taking a person's hand and compelling him to sign a written contract is an example of physical duress. An example of improper threats: If Ellen, a landlord, induces Vijay, an infirm, bedridden tenant, to enter into a new lease on the same apartment at a greatly increased rent by wrongfully threatening to terminate Vijay's lease and evict him, Vijay can avoid the new lease by reason of duress exerted on him.
c. The Restatement states, "Persons of a weak or cowardly nature are the very ones who need protection; the courageous can usually protect themselves. Timid and inexperienced persons are particularly subject to threats, and it does not lie in the mouths of the unscrupulous to excuse their imposition on such persons on the ground of their victims' infirmities."
You might also like to view...
Personal information such as name and e-mail contact that are provided by customers when visiting webpages is an example of observed data
Indicate whether the statement is true or false
The dependent variable is always manipulated in the experimental group but never in the control group
Indicate whether the statement is true or false
In the marketing mix, product refers to activities that communicate the merits of a product and persuade target customers to buy it
Indicate whether the statement is true or false
Which of the following statements best describes advertising as being produced through a social process?
a. Advertising is a people job where there are an infinite number of ways to be creative. b. Advertising is manual labor, where there is always only one real way to get the job done. c. Advertising is hard and problematic and therefore, there needs to be a manual to systematically organize creativity so that everyone is creative in the same way. d. All of the above