QUESTION
After signing a settlement on an issue, if I felt pressured into it, can I take it to trial?
Asked on Dec 29th, 2012 on Commercial Litigation - Indiana
More details to this question:
I had a partnership in a restaurant. It ended badly. I got out and received 20,000 minus lawyer fees. The checks were written to my father who was investing in the restaurant. My grandmother and myself are still out about 35,000 with interest.
1 ANSWER
Contracts are not valid if the consent of one of the parties is procured by duress, even economic duress. However, duress does not mean cold feet or buyer's remorse. You provide no information about why you felt "pressured into it", but it is very unlikely that any "pressure" would amount to economic duress. Therefore, the settlement agreement is almost certainly binding, and it would bar your claim.
Answered on Dec 31st, 2012 at 9:58 AM