LAW 601 Lecture Notes - Lecture 63: Grievous Bodily Harm, Extortion
Document Summary
Prevailing view of doctrine of duress: rst 175, 176. Rst 175(1): duress makes k voidable by victim improper threat that leaves victim no reasonable alternative but to make the contract. Note 4. p. 337: unmarried high school student has baby, puts it up for adoption . mom threatened to kick her out of the house . not improper for her mom to do that . Page 1 of 4: 176(1)(c): threat of civil process and the threat is made in bad faith. Driver pays injured party in exchange of release of tort claim . that threat is okay as long as the accident victim has good faith to believe that the civil claim can be threatened. Ingram case: threat to fire unless they sign a convenant of noncompete is intimately connected to employers not breach of the obligation. Rst 176(2): threats considered improper if produces unfair bargain. 2(c) and 2(b): kinda go together: 326 n. 2:use 176(2)c.
