Signing A Settlement Agreement Under Duress

Unfairness is not synonymous with scruples, so the insulted party must prove that compliance with the conditions would render him destraite. If a party knowingly presents important factors in this case to mislead the other party in signing the transaction, it is guilty of fraud and the transaction may be invalidated. The most common example would be the failure to disclose financial assets during divorce negotiations. The determination of coercion is not whether the threat actually exists or not, but whether the person has honestly believed that he or she did or not. However, a party may invoke coercion only if the other party in the contract is the party that caused the coercion. .