Ben and Kate had been negotiating Ben's employment contract in conversations over the phone for a couple of weeks. Finally, they agreed on some contract terms. Kate offered to create a draft of the contract for Ben to read over. On the same day Ben was fired from his job. Afraid he would be unemployed, Ben signed Kate's draft without reading it. In this example Ben:
A) can avoid the contract because of mistake by failure to read.
B) can avoid the contract because he was the victim of economic duress.
C) cannot avoid the contract because of economic duress or failure to read.
D) may rescind the contract because of unilateral mistake.

Question

Quizplus · Accepted Answer

Ben cannot avoid the contract because signing without reading does not constitute a valid reason to void a contract, and economic duress requires a wrongful or unlawful act that leaves no reasonable alternative, which is not present here.

Ben and Kate Had Been Negotiating Ben's Employment Contract in Conversations