Question

Business Law please help !

1. Dingle threatens to breach an existing contract unless Porter enters another unrelated contract with Dingle. Which of the following is true?

• This type of situation is always duress.

• This is only duress if Dingle is in a relationship of trust or confidence with Porter.

• Only threats of criminal activities can be the basis for duress, so this is not duress.

• Unless Dingle uses the threat of physical force against Porter, it is not duress.

• This is more likely to be duress if Porter has no alternative contracting partner for the initial contract.

  2. A party with the right to rescind a voidable contract due to duress

• must notify the other party in person

• can begin to perform the contract and then change her mind

• must always do so within 24 hours of discovering the right to rescind, regardless of the circumstances

• may do so at any time at his election

• must do so in a timely manner or risks ratifying the contract

• 3. Which of the following is true of economic duress?

• Threats to economic or business interests are always improper.

• Threats to economic or business interests must be sufficiently improper or coercive to constitute duress.

• There is no such thing; only physical duress exists.

• Only when the contracting parties are in a relationship of confidence and trust, can economic duress exist.

• The threat to an economic interest must be criminal for it to constitute duress

• 4. Which consent defense, if proven, may also give rise to tort liability; however, the claimant must usually prove actual economic injury in addition to the defense's elements and some jurisdictions require the claimant to choose between, or elect, which remedy he or she prefers?

• Rescission

• Scienter

• Mutual mistake

• Fraud

• innocent misrepresentation
• 5. If a party proves that he or she suffered an actual economic injury resulting from a fraud, assuming it is allowed in his or state, what tort may be present?

• Duress

• Tortious interference

• Deceit

• Malice

• Undue Concealment

Answer 1

1. This type of situation is always duress.

2. must do so in a timely manner or risks ratifying the contract

3. Threats to economic or business interests are always improper.

4. innocent misrepresentation

5. Deceit

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