Emily owns a small business. During negotiations, a larger competitor, ForceCo, threatens to flood the market with similar products unless Emily agrees to sell her business at a significantly lower price than its market value. Feeling coerced, Emily agrees to the sale. Which defense is Emily most likely to successfully assert to void the contract with ForceCo?
Emily can assert the defense of duress, as ForceCo's threat to harm her business constitutes coercion that overcomes her free will in agreeing to the contract. Undue influence involves a relationship of trust, which is not indicated here. Fraud involves intentional deception, and mistake requires a misunderstanding of a basic assumption, neither of which are the central issues in this scenario.
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