Question

"Aldrich and Co. sold goods to Donovan on credit.The amount owed grew steadily, and finally Aldrichrefused to sell any more to Donovan unless Donovansigned a promissory note for the amount due.Donovan did not want to but signed the notebecause he had no money and needed more goods.When Aldrich brought an action to enforce the note,Donovan claimed that the note was not bindingbecause it had been obtained by economic duress.Was he correct? [Aldrich & Co. v. Donovan, 778 P.2d397 (Mont.)"

Answer 1

Answer and Explanation:

Economic duress happens when one party X in a contract makes demands from the other party Y which party Y has to fulfill or party X terminates the contract.

No there was no economic duress here since Aldrich had a right to demand that Donovan sign a promissory note in order to protect his claim in case of default from Donovan. Therefore Donovan signed not because he was under duress but because he needed financial assistance.