Flo enters into a contract under Gail's threats. Later, Flo refuses to perform, claiming that she acted under duress.
-Refer to Fact Pattern 13-4.Flo sues to rescind the contract.Gail claims that duress is a defense to enforcement of a contract,not a ground for rescission.The court will probably rule in favor of
A)Flo only.
B)Flo and Gail.
C)Flo or Gail,but not both.
D)Gail only.

Question

Quizplus · Accepted Answer

Duress is a defense to enforcement of a contract, meaning it can be used to prevent the enforcement of a contract. Flo can use duress as a defense to not perform under the contract. However, if she wants to rescind the contract, she would need to prove that the contract was not valid in the first place due to the presence of duress. Therefore, due to the presence of duress, Flo has the right to rescind the contract. Gail cannot prevent Flo from rescinding the contract by arguing that duress is only a defense to enforcement of a contract.

Flo Enters into a Contract Under Gail's Threats