QUESTION
Is it possible to get out of a signed contract (2 years out of 5 have been served) if it can be proved the contract was signed under threat and duress
Asked on Apr 17th, 2014 on Contracts - Florida
More details to this question:
Jan. 2011 I was threatened into signing a contract with the Professionals Resource Network (PRN) of Fla. after calling to request information about voluntary contracts. The threat was they would turn me into the Pharmacy Board if an evaluation with a PRN approved psychiatrist was not obtained immediately. Sobriety date is Jan.6,2002 and had previously ended a PRN contract in June 2007. I have been threatened and harassed for over 2 years of a 5 year contract I was forced into signing. I have asked many times what was presented to the director that resulted in this 5 year sentence and constant harassment , threats and bullying by the "case manger" - the one who I spoke to on that first phone call who never allowed me to speak to anyone else. If I could find out who to go to that could get the information and if false information was documented about me- I want to know and sue the one responsible for making my life unbearable for the past 2 years and get that contract terminated.
1 ANSWER
The threat to do that which one is legally allowed to do - in this case to report you to the authorities - is generally not considered the type of duress wich would void a contract. You would have a better chance if the contract was unrelated, for example if a gym owner had coerced you into contracting for a 5 year membership based on threats to report you to the authorities. That wouild have been straight blackmail. You don't say, but I gather from the name that the other party here offers services designed to help with addiction issues, making its "threat" to turn you in unless you availed yourself of their services arguably reasonable and legal. In your case, I don't think a Court will look kindly on your desire to hide your wrongdoing as being "duress."
At any rate, one who seeks to have a contract for duress has to prove that (a) he/she acted quickly to seek to void the contract after the duress ended; and (b) that he/she couldn't have gone to the Courts about the duress instead of contracting. It doesn't sound like you can meet either of these elements.
Answered on Apr 18th, 2014 at 1:24 PM