Question

John and Ellen are involved in a very contentious divorce involving children and property. One night John meets with Ellen. They have a very loud and vocal argument. Finally he tells her that if she doesn't sign a property agreement which releases her interest in all the property of the marriage, he will make sure that she never sees the children again. She is terrified and signs the agreement. Is the agreement enforceable? Why or why not?

Answer 1

No, the contract between John and Ellen is not enforceable as it is an unenforceable contract. It is because Ellen is being forced to make an agreement with John. That means a contract would be invalid if someone is threatened to sign the contract forcefully. As one of the elements of a valid contract is ''mutual consideration", so if one party is not mutually into the agreement, then the contract wouldn't be valid.

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