To discuss: The kinds of duress and its legal effects.
Explanation of Solution
Duress: The duress is an illegal act or threat that overwhelms the self-determination of a party. The kinds of duress is as follows:
Physical compulsion: If one person force another to an agreement over real bodily power renders the contract void and that individual exerting the pressure is answerable in compensation as essential to evade unfair enhancement.
Improper threats: By means of social and financial coercion, send-off the victim with no sensible substitute to approving with the additional influential party; threat might be clear or incidental from words or behaviour. A personal test is utilized to define whether the threat really persuaded agreement on the part of the individual demanding to be the victim of pressure; creates the agreement voidable at the choice of the forced party.
Want to see more full solutions like this?
Chapter 11 Solutions
Smith and Roberson's Business Law
- Sam Simpleton, a resident of Kansas, and Nellie Naive, a resident of Missouri, each bought $85,000 in stock at local offices in their home States from Evil Stockbrokers, Inc. (“Evil”), a business incorporated in Delaware, with its principal place of business in Kansas. Both Simpleton and Naive believe that they were cheated by Evil Stockbrokers and would like to sue Evil for fraud. Assuming that no Federal question is at issue, assess the accuracy of the following statements: a. Simpleton can sue Evil in a Kansas State trial court. b. Simpleton can sue Evil in a Federal district court in Kansas. c. Naive can sue Evil in a Missouri State trial court. d. Naive can sue Evil in a Federal district court in Missouri.arrow_forwardPlease explain when and how criminal liability is imposed.arrow_forwardIdentify and explain the limitations on contractual remedies.arrow_forward
- David E. Ross, his two brothers, and their families operated and owned the entire stock of five businesses. Ross had three children: Rod, David II, and Betsy. David II and Betsy were not involved in the operation of the companies, but Rod began working for one of the firms, Equitable Life and Casualty Insurance Company, in 2007. Between 2009 and 2013, the elder Ross informed a number of persons of his desire to reward Rod for his work with Equitable Life by giving him stock in addition to the stock he would inherit. He subsequently executed several stock transfers to Rod, representing shares in various family businesses, which were reflected by appropriate entries on the corporate books. Certificates were issued in Rod’s name and placed in an envelope identified with the name Rod Ross, but they were kept with the other family stock certificates in an office safe to which Rod did not have access. In all, one-fourth of the stock holdings of David E. Ross were transferred to Rod in this…arrow_forwardThe Madariagas owned a restaurant where they served " Albert's Famous Mexican Hot Sauce . " They entered into a contract to sell the restaurant and the formula for the secret sauce to Morris . Although Morris paid the agreed - upon price , the sellers refused to give him the recipe unless he also paid them lifetime royalties for the salsa . Which of these remedies should Morris seek : expectation , restitution , specific performance , or reformation ? Why ?arrow_forwardDefine and explain: specific performance, cancellation, damages, interdict, declaratory order, interest. Remedies to breach of contract.arrow_forward
- under the NCC, what are the different acts or omissions of the obligor or debtor which will result in the breach of the obligation for which he can be held liable for damages?arrow_forwardPauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.arrow_forwardMartha Simms is the plaintiff in a contract suit she has brought against Floral Supply, Inc., for its failure to deliver the green sponge Martha needed in building the floral designs she sells to exclusive home decorators. Martha had to obtain the sponge from another supplier and was late on seven deliveries. One of Martha’s customers has been called by Martha’s lawyer as a witness and is now on the witness stand, testifying about Martha’s late performance and the penalty she charged. The lawyer for Floral Supply knows that Martha’s customer frequently waives penalties for good suppliers. Provide a paragraph with more than five sentences (i.e., in the section for “Purport”) that interprets the theme of the case, based on conceptsarrow_forward
- Martha Simms is the plaintiff in a contract suit she has brought against Floral Supply, Inc., for its failure to deliver the green sponge Martha needed in building the floral designs she sells to exclusive home decorators. Martha had to obtain the sponge from another supplier and was late on seven deliveries. One of Martha’s customers has been called by Martha’s lawyer as a witness and is now on the witness stand, testifying about Martha’s late performance and the penalty she charged. The lawyer for Floral Supply knows that Martha’s customer frequently waives penalties for good suppliers. 1. In what legal tribunal the Simm’s case is tried? 2.To which jurisdiction does the trial of the Simm’s case belong?arrow_forwardPrior to the release of the Movie: Astig!. Eraserhands learns that their original song: “oh yeah baby!” was remixed by Planet films through DJ Jojo and demands that they be publicly identified as the author of the remixed song in all the CD covers and publicity releases of Planet Films. Does Eraserhands have such right? * A. Eraserhands, who are the original authors, retained their moral rights to the copyrighted song, which include the right to demand attribution to them of the authorship. B. Eraserhands does not have the right to demand attribution to the remixed song since the remixed song now belongs to Planet films who commissioned the work. C. Eraserhands does have the right to demand attribution to the remixed song since this is DJ Jojo’s own intellectual effort and creation.arrow_forward
- Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill EducationManagement (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSONSpreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
- Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSONBusiness Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSONFundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON