Question

Anita and Barry were negotiating, and Anita's attorney prepared a long and carefully drawn contract, which was given to Barry for examination. Five days later and prior to its execution, Barry's eyes became so infected that it was impossible for him to read. Ten days thereafter and during the continuance of the illness, Anita called upon Barry and urged him to sign the contract, telling him that time was running out. Barry signed the contract despite the fact he was unable to read it. In a subsequent action by Anita, Barry claimed that the contract was not binding upon him because it was impossible for him to read and he did not know what it contained prior to his signing it. Should Barry be held to the contract?

Answer 1

Barry is to be held to the contract.

Step-by-step explanation:

Barry had the contract during 5 days before he got sick and couldn't read it anymore. Even when he got sick, he could have also made someone else read it to him. He cannot argue that it was impossible for him to know the contents of the contract.

On the other side, Anita urged Barry to read and sign the contract, but did commit duress while doing so. There is no evidence that Anita physically harassed or forced Barry into signing the contract. Anita didn't misrepresent the contract to Barry because all she did was tell him to read it and sign it.