How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Raisa Romaelle, Esq. Your Own Question
Raisa Romaelle, Esq.
Raisa Romaelle, Esq., Attorney
Category: Business Law
Satisfied Customers: 140
Experience:  Florida licensed attorney and former business owner, providing you with answers and insight in plain english.
63198330
Type Your Business Law Question Here...
Raisa Romaelle, Esq. is online now
A new question is answered every 9 seconds

my father made a contract. There are 3 parties the seller,

Resolved Question:

my father made a contract. There are 3 parties the seller, and 2 buyers. Actually, my father who is the most damage we are trying to void the contract. I read your article and I found that my father did not have contractual capacity to enter in a contract and undue influence. The other buyer has experiencie in business and took the total control of the business while my father is a elderly man of 57 years old with diabetes and any clue to manage a business. My question is: Do my father has the possibiility to void the contract any time and get his total money back? .
Submitted: 5 years ago.
Category: Business Law
Expert:  Raisa Romaelle, Esq. replied 5 years ago.

Raisa Romaelle, Esq. :

Absolutely Your father can file a law suit to void the contract due to duress or economic duress.

Raisa Romaelle, Esq. :

Duress occurs when one party induces the other party’s assent through wrongful threats. The threats must essentially give a party no choice but to enter into the contract. For example, a contract under duress exists when a party threatens to bring false criminal charges against the other party if the other party does not agree to the deal. Once the threatened party shows that the agreement was the product of duress, he can avoid his performance obligations. Keep in mind, however, that courts are reluctant to find economic duress on the basis of bargaining pressure alone. Hard bargaining is acceptable and does not render a contract void.

Raisa Romaelle, Esq. :

Please remember to click Accept when you receive your answer. If the answer was particularly helpful, a BONUS is always appreciated, too! Remember, if you do not click ACCEPT, I will not be compensated.


My answer is not a legal advice but general information. No attorney client relationship has been formed.


 

Raisa Romaelle, Esq. :

Economic duress is evaluated under an objective standard: "The doctrine of 'economic duress' can apply when one party has done a wrongful act which is sufficiently coercive to cause a reasonably prudent person, faced with no reasonable alternative, to agree to an unfavorable contract. The party subjected to the coercive act, and having no reasonable alternative, can then plead 'economic duress' to avoid the contract.

Raisa Romaelle, Esq. :

Please remember to click Accept when you receive your answer. If the answer was particularly helpful, a BONUS is always appreciated, too! Remember, if you do not click ACCEPT, I will not be compensated.


My answer is not a legal advice but general information. No attorney client relationship has been formed.


 

Customer:

I can not understand you.

Raisa Romaelle, Esq. and 3 other Business Law Specialists are ready to help you