LAW 601 Lecture 65: Contracts - Prof Brubaker - Class 65
Document Summary
Remedy if k was procured by duress=avoidance of the k even after has been fully performed on both sides! Have to have both an improper threat and no reasonable option for the victim! Austin case: knows l can"t easily find alternative . they may have tempered their demand because they knew l could get someone else down the line . *in part, they"re seizing on vulnerable position of other party, but at same time, they might have had a legit reason to demand more money . Unlegit only if it produces unfair contract modification (89 (a)-ped rule. If the price requested was soooo outrageous, that would constitute economic duress. Austin got money they have to give back loral got parts, and since they"ve already used them, austin would pay them fair market value-cost avoided . what it would have cost to get them from someone else.
