QUESTION

Is this undue influence?

Asked on Aug 23rd, 2013 on Contracts - Massachusetts
More details to this question:
My fiancé and I recently split up. While I returned to get my things her mother had confronted me at the door and told me I needed to sign contracts. One to pay back the deposit for the wedding venue which came from a gift from her parents. Second to immediately pay back the portion of the car which we had just bought. And third to pay for half the utilities of the apartment I was moving out of. This was all done as I went to get my things and was blasted with yelling and threats from her family. It was three on one. She has got an attorney to legally enforce these contracts after I have refused and I do not have the resources to pay back any form of the contracts. She is still driving the car and I am paying for all aspects of it. I have moved out and am without a car for 2 months because she has refused to share. What can I do? Is there a way for me to breach the contract? I would gladly pay for some of these things but at this time I am financially unable. Please help.
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1 ANSWER

Bankruptcy Attorney serving Cambridge, MA at Law Office of Greg Krikorian LLC
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The contract you have signed appears unenforceable because it fails on all important elements required to make it enforceable. A contract requires Offer, Acceptance of Offer, and Consideration plus lack of any defenses that can be raised about its formation (i.e. made under Duress in this case) First, you do not mention what was offered? (i.e. if you do this, I'll do that) what if anything you presumably get in return? (if you do all of the above) Second, Acceptance there isn't one because ther isn't any Offer to accept, and Third, Consideration (i.e. the bargained for exchange) what exactly you get from entering/binding yourself to its terms. Here, notwithstanding the above and additionally, anyone who thinks they have a valid enforceable contract should face the defense of Duress (in its formation) that you can raise at any legal proceeding. Most importantly, Every contract executed in Masssachusetts comes with the Implied Duty to Negotitate in Good Faith, something not adhered to in this case.
Answered on Aug 25th, 2013 at 1:24 AM

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