Randal embezzled $6000 of his employer's money and then disappeared.The employer's accountant called at Randal's residence and discovered that his wife had a $3500 term deposit.When the accountant threatened to have her husband arrested and imprisoned if she did not agree to sign over the deposit,she assigned the term deposit to the employer to help to defray the loss from the embezzlement.If the wife were later to sue for return of the term deposit,what would be her grounds for avoiding the assignment?

Question

Quizplus · Accepted Answer

The wife's grounds for avoiding the assignment would be duress. The accountant threatened to have her husband arrested and imprisoned, which is an unlawful pressure that reasonably caused her to fear for her safety or the safety of her husband. Therefore, her consent to the assignment was not freely given and the assignment can be avoided on the grounds of duress.

Randal Embezzled $6000 of His Employer's Money and Then Disappeared