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Yogi27 wrote: Wow, I read both motions and you are right matthey. The contract is so lopsided to Hyperions benefit. It is hard to believe Amiga Inc. signed that (well, not really).

I would question Bill McEwen carefully to see if he was coerced into signing the contract under duress. What did he expect to gain from signing the 2009 settlement contract? What did Hyperion and Itec tell him about the contract? Did he feel compelled to sign the contract against his better judgement (will)? Did he feel that he had no reasonable alternative but to sign the contract? What legal advice did he receive? Who wrote the contract?

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Duress in the context of contract law is a common law defense brought about when one of the parties to the contract enjoyed an ascendant position in relation to the other party and abused that position by subjecting the other to threats. A party who has entered into a contract under duress is entitled to rescind or set aside the contract, rendering it voidable (in equity). Duress is a threat of harm made to compel someone to do something against their will or judgment; especially a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition. - Black's Law Dictionary (8th ed. 2004) Duress in contract law falls into two broad categories: o Physical duress o Economic duress ... Economic duress is the use of unlawful economic pressure to compel a party to a contract to agree to demands which they would not have otherwise. 1. Wrongful or improper threat: No precise definition of what is wrongful or improper. Examples include: morally wrong, criminal, or tortious conduct; one that is a threat to breach a contract "in bad faith" or threaten to withhold an admitted debt "in bad faith". 2. No reasonable alternative (but to accept the other party's terms). If there is an available legal remedy, an available market substitute (in the form of funds, goods, or services), or any other sources of funds this element is not met. 3. The threat actually induces the making of the contract. This is a subjective standard, and takes into account the victim's age, their background (especially their education), relationship of the parties, and the ability to receive advice. 4. The other party caused the financial distress. The majority opinion is that the other party must have caused the distress, while the minority opinion allows them to merely take advantage of the distress.

https://en.wikipedia.org/wiki/Duress_in_American_law

The contract is so lopsided and the lack of benefit in the contract wording for Amiga Inc. leads me to suspect that Bill was coerced into signing the contract which may allow it to be voided. The huge contract beneficiary is Hyperion which increases the likely hood of them being a source of coercion. Do I smell a rat?

A contract lacking quid pro quo can usually be explained by one of the following reasons.

1. coercion
2. incompetence
3. consideration outside of the contract wording (under the table deals)

Reason 1 and 2 are often predatory and unlawful. Reason 3 is often fraudulent and unlawful. Of course an unlawful contract is invalid.

Last edited by matthey on 25-Mar-2021 at 10:16 PM.
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