Question

Moser had no automobile liability insurance, although it was required by state law. She negligently

collided with Chang's car. Chang threatened to sue if Moser failed to pay $1000 for pain and suffering
and $2000 for car repairs. Moser gave Chang a check for $3000. Then she stopped payment on it,
claiming duress
Does Chang have a legal right to sue Moser for damages due to the accident?
Can Moser get out of this contract due to duress? Explain why?

Answer 1

A. Chang has the legal right to sue for damages.

B. Moser cannot get out of the contract due to duress.

Step-by-step explanation:

Chang has the legal right to sue for damages that occurred due to the accident, this is because it is stated that Moser negligently collided with Chang's car.

Moser cannot get our of the contract due to duress because Chang did threaten to sue Moser for what directly had to do with the incident. If Chang had threatened to sue Moser for something else entirely, then Moser can claim duress. Also, Moser can't claim duress, especially since she had no insurance.