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I'm just trying to learn more about what constitutes signing…

Customer Question
Hi there. . I'm...

Hi there. . I'm just trying to learn more about what constitutes signing a contract under duress. And more about the burden of proof etc

Lawyer's Assistant: Have you documented this or discussed it with HR?

I somewhat recently entered into a settlement with a music company that broke a written agreement with me and pressured me into a small settlement

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Well the company is an LLC band operating under atlantic records and a publishing company in LA I believe "at will"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Or a work for hire type thing

Submitted: 1 month ago.Category: Employment Law
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12/28/2017
Employment Lawyer: John, Employment Lawyer replied 1 month ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,933
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 1 month ago

If you are seeking to void a contract for reason that it was entered under duress, you would have the burden of proof to show that is more likely than not that you are induced by duress to sign the contract. You would have to show, therefore, that the other party threatened to harm you, or in fact did harm you, or threatened your reputation or personal status, into consenting to enter the agreement; ergo you would not have consented absent the threat of harm or harm in fact. You would have to file a declaratory action with the court asking the court to void the agreement under its equitable powers. It's important to note that things that are just bad aren't neccessarily duress. For example, if the other party knew you needed money quickly and low balled you on the contract knowing it wasn't a fair amount, but that you'd take it because you were desperate for money, is not duress. Durress must essentially be a preimenet and immediate danger to yourself that you cannot otherwise avoid absent bending to the other side's will to enter the agreement.
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