QUESTION

Could this be considered a "coerced" contract?

Asked on Apr 21st, 2014 on Contracts - New York
More details to this question:
My Middle School son was accepted to his Upper division in late January with a large scholarship. The school asked for prompt signatures on the contract, but we wanted to hear from four other schools and requested an extension into mid-March, which the school granted. Then we realized we could not afford to send our son unless we received more help, so we requested it. The school got back to us that they could provide more money, but only if we signed the contract within five days -- weeks before we heard from the other schools. If we didn't sign, THEY WOULD REVOKE ALL OF THE SCHOLARSHIP. At that point our son had not been accepted anywhere else. What if he was rejected by the other schools? He would have nowhere to go in the fall! So we signed the contract. But then our son was accepted at his first-choice school, with financial aid. Now his current school is trying to hold us to the contract we signed. Does this situation constitute coercion? Do we have legal recourse?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I don't think that this could be considered duress sufficient to void the contract.  You wanted more aid, the school wanted a quick decision, and bargained for it in exchange for the aid you wanted.  I don't see how this is different from any other contract negotiations - I'll hire you but only if you agree not to compete with me for a year after your employment ends; I'll loan you the money, but only if you agree to pay me back with 10% interest and secure the loan with a lien on your house; I'll sell you car insurance at a low rate, but only if you agree to insure your house with me as well.
Answered on Apr 21st, 2014 at 5:16 PM

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