![]() Should you need assistance in rescinding a contract on the ground of duress, we at the Law Offices of Albert Goodwin are here for you. Complex issues may arise on whether or not there was duress, whether or not the threatened act was unlawful, and whether the period to file an action has expired. ![]() Setting aside a contract signed under duress requires the assistance of an experienced litigation lawyer. In the example above, although the cause of action accrues from the time the contract is signed, the 6-year statute of limitations does not begin until the death threats stop. The limitations period is tolled until the termination of the duress because the offensive conduct is regarded as a continuous wrong. However, in cases of duress, the period to file an action is tolled if the duress is continuing. The cause of action accrues from the time the contract is signed. But when does the cause of action accrue in duress? The action to rescind a contract based on duress should be made within six years from the time the cause of action accrued. On the other hand, if the plaintiff signed the document because of death threats to him and his family, there is duress. That threat to commence litigation is within the legal rights of a person. For example, if the defendant tells the plaintiff to sign the document or else, the defendant would file a case against plaintiff for sole custody of their child, there can be no duress. ![]() If the defendant threatens to commit an act which is within the defendant’s legal rights to do, there can be no duress. In order to maintain an action for duress, the plaintiff must show that the threats made by the defendant were unlawful and deprived the plaintiff of the exercise of free will and the ability to act voluntarily. In the context of contracts, a document signed under duress can be set aside by the courts for being involuntarily executed. What is Duress?ĭuress is a situation where a plaintiff is coerced or forced by the defendant into acting against his will due to threats, intimidation, violence, or some other form of unlawful pressure. If the document signed is the last will and testament, the will can be objected to during probate on the ground that it was signed under duress. A document that is signed under duress can be rescinded upon filing of the appropriate action with the court with competent jurisdiction and within the period of statute of limitations.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |