Duress and Bad Faith Flashcards
1
Q
Does a contract under the UCC need consideration to be modified?
A
No. UCC contracts do not require consideration to be modified. UCC § 2-209(1).
2
Q
When does economic duress occur?
A
When the victim (ie business) has no reasonable alternative (such as with Ford in Kelsey-Hayes).
3
Q
When is a contract voidable under duress?
A
Victim must have protests
4
Q
Is financial hardship enough for duress?
A
No. Normal financial hardship is not enough to establish duress.
5
Q
What is recoverable via duress/bad faith?
A
Partial performance and reliance damages.
