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Yeah, courts have generally found that this is "under duress" and not enforceable.
by mrj 2y ago
Yeah, courts have generally found that this is "under duress" and not enforceable.
- singleshot_ 2y agoUnder duress in the contractual world is generally interpreted as “you are about to be killed or maimed.” Economic duress is distinct.
- to11mtm 2y agoDuress can take other forms, unless we are really trying to differentiate general 'coercion' here. Perhaps as an example of the blurred line; Pre-nup agreements sprung the day of the wedding, will not hold up in a US court with a competent lawyer challenging them. You can try to call it 'economic' duress but any non-sociopath sees there are other factors at play.
- singleshot_ 2y agoThat’s a really good point. Was this a prenuptial agreement? If it wasn’t May take is section 174 would apply and we would be talking about physical compulsion — and not “it’s a preferable economic situation to sign.” Not a sociopath, just know the law.