You asked me to discuss what a party to a contract must do to show he executed an agreement under duress for the purposes of rendering a contract voidable. Part I discusses the elements of duress. Part II discusses why signing a contract under economic duress does not generally render a contract voidable. Part III discusses the elements of undue influence as an alternative to duress.
Discussion
I. Duress Generally
For a party to prove that he signed an agreement under duress, he must satisfy three elements: (1) that he involuntarily accepted the terms of National Park Community College (“the College”); (2) that the circumstances permitted no other alternative to acceptance; and (3) that the circumstances resulted from coercive acts by the College. Cox v. McLaughlin, 315 Ark. 338, 345, 867 S.W.2d 460, 463 (1993). With regard to the second element, classifying “[w]hat constitutes a reasonable alternative is a question of fact, depending on the circumstances of each case.” Cox, 315 Ark. 345–346, 867 S.W.2d at 463.
Moreover, the party claiming duress may lose the power to void the contract if he ratifies the agreement by failing to act within a reasonable time after the duress ceased. Oberstein v. Oberstein, 217 Ark. 80, 88, 228 S.W.2d 615, 621 (1950). More specifically, ratification occurs when the party claiming duress “accepts …show more content…
But, the Court of Appeals noted in Newsom that the parties in these cases were forced to waive claims that were unquestionably owed to them but deliberately not paid, as opposed to negotiating over disputed claims. Moreover, the parties in those cases “strenuously protested the unfairness of the release under the circumstances; had no significant period of time in which to negotiate; or suffered a combination of these factors.” To my knowledge, none of these circumstances apply to our employment discrimination
Discussion
I. Duress Generally
For a party to prove that he signed an agreement under duress, he must satisfy three elements: (1) that he involuntarily accepted the terms of National Park Community College (“the College”); (2) that the circumstances permitted no other alternative to acceptance; and (3) that the circumstances resulted from coercive acts by the College. Cox v. McLaughlin, 315 Ark. 338, 345, 867 S.W.2d 460, 463 (1993). With regard to the second element, classifying “[w]hat constitutes a reasonable alternative is a question of fact, depending on the circumstances of each case.” Cox, 315 Ark. 345–346, 867 S.W.2d at 463.
Moreover, the party claiming duress may lose the power to void the contract if he ratifies the agreement by failing to act within a reasonable time after the duress ceased. Oberstein v. Oberstein, 217 Ark. 80, 88, 228 S.W.2d 615, 621 (1950). More specifically, ratification occurs when the party claiming duress “accepts …show more content…
But, the Court of Appeals noted in Newsom that the parties in these cases were forced to waive claims that were unquestionably owed to them but deliberately not paid, as opposed to negotiating over disputed claims. Moreover, the parties in those cases “strenuously protested the unfairness of the release under the circumstances; had no significant period of time in which to negotiate; or suffered a combination of these factors.” To my knowledge, none of these circumstances apply to our employment discrimination