Consider the following hypothetical: Ed contracted with Becky to build a house. Becky was nervous,...
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Consider the following hypothetical: Ed contracted with Becky to build a house. Becky was nervous, drank an entire bottle of champagne, does not remember the details of the meeting. Ed accused her of fraud and threatened to prevent closing. Ed's associate was outside the door preventing Becky from leaving. Ed gave her choice signing a new contract or going to court. Becky signed but now has sought legal advice. IMAGINE THAT YOU ARE Becky's ATTORNEY. WHAT WOULD YOU TELL HER ABOUT WHETHER SHE CAN RESCIND THE CONTRACT? (Big Hint: Capacity to Contract, Duress and Undue Influence)
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