Contratos y EjecuciónPregunta 861 de 1605
A contractor signs a contract only after the owner threatens physical harm unless the contractor signs. The contract is most likely:
a.Enforceable because threats are irrelevant to contracts
b.Void only if it was unwritten
c.Fully enforceable because it was signed
d.Voidable by the contractor on the ground of duress
Explicación
A contract entered into under duress, such as a threat of physical harm that overcomes a party's free will, is voidable by the victim. Genuine consent is an essential element of a valid contract, and coercion undermines it. The mere fact that a document was signed does not make it enforceable if consent was coerced. The defense does not depend on whether the contract was written, and threats are highly relevant to whether assent was voluntary.
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Preguntas relacionadas de este tema
- Under the rule of 'contra proferentem,' an ambiguous contract term is generally construed:
- In interpreting a contract that has both typed and pre-printed (form) terms that conflict, courts commonly give priority to:
- A 'voidable' contract differs from a 'void' contract in that a voidable contract:
- 'Undue influence' as a ground to rescind a contract typically involves:
- A mutual mistake of a material fact by both parties at the time of contracting may allow:
- Fraud in the inducement of a contract generally requires proof that a party:
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)