Fact Pattern 14-A3
Flo enters into a contract under Gail's threats. Later, Flo refuses to perform, claiming that she acted under duress.
-Refer to Fact Pattern 14-A3. Flo sues to rescind the contract. Gail claims that duress is a defense to enforcement of a contract, not a ground for re?scission. 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

Fact Pattern 14-A3 
Flo enters into a contract under Gail's threats. Later, Flo refuses to perform, claiming that she acted under duress.
-Refer to Fact Pattern 14-A3. Flo sues to rescind the contract. Gail claims that duress is a defense to enforcement of a contract, not a ground for re?scission. 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.

Quizplus · Accepted Answer

Duress is a ground for rescission, which means the contract is voidable at the option of the aggrieved party. Thus, Flo has a right to seek rescission of the contract. Gail's claim that duress is only a defense to enforcement of a contract is incorrect. Therefore, the court is likely to rule in favor of Flo only.