Fact Pattern 14-B3
Pete, the owner of Quality Orchards, contracts to sell fruit to Ripe Produce, Inc. When Pete refuses to per?form, Ripe Produce files a suit to enforce the contract.
-Sam uses duress to force Tanya to agree to pay him for protecting her re?tail store against the vandalism and destruction. Tanya may
A) avoid the contract or choose to carry it out.
B) do nothing once she has agreed to pay.
C) recover from her insurer for a failure to direct her "protection."
D) recover from the local police for a failure to protect her "direction."

Question

Fact Pattern 14-B3 
Pete, the owner of Quality Orchards, contracts to sell fruit to Ripe Produce, Inc. When Pete refuses to per?form, Ripe Produce files a suit to enforce the contract.
-Sam uses duress to force Tanya to agree to pay him for protecting her re?tail store against the vandalism and destruction. Tanya may
A) avoid the contract or choose to carry it out.
B) do nothing once she has agreed to pay.
C) recover from her insurer for a failure to direct her "protection."
D) recover from the local police for a failure to protect her "direction."

Quizplus · Accepted Answer

Duress is a wrongful act or threat that coerces a person to enter into a contract against their will. The victim of duress has the option to avoid the contract or choose to carry it out. Therefore, Tanya may avoid the contract with Sam or choose to carry it out.