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Law - Contract 2 , Coursework

Please write a page response to the text below: I agree with the New Hampshire Supreme Court decision that Erin was under “duress” when she signed the prenuptial agreement. The timing of the prenuptial agreement, just one day before their marriage did not give her a fair amount of time and opportunity to seek independent counsel, even though Brian Shaughnessy provided her some advice, which didn’t significantly change the content of the original contract. Holding the agreement until the last minute when refusal of signing the contract would cause her a psychological stress and a moral damage. Moreover, canceling the already paid wedding arrangement or calling the marriage off would leave her to experience the duress. The circumstances were clearly tough and did not offer any meaningful choice other than agreeing to the terms of the draft. It appears that Mr. Hollett wanted her to sign the contract with no objections just before the wedding. She would not have signed such contract with free will if the draft was readily available well in advance. In addition, Mr. Hollett’s failure to inform the property settlement and other financial obligations he had with his former wife would be indicative of his intention to hide some material information and pressure her to accept the contract in a haste situation. Even though the court is not concerned with the amount of the consideration transferred from one party to the other, the fact that she was to receive only $25,000 and an automobile in the event of a divorce would raise a question about his sincerity in dealing with her given his financial resources. Money would probably be the main motive for a twenty-two-year young lady dating a fifty-two-year-old man with a prior marriage and five children; nevertheless, it appears the prenuptial agreement was obtained through duress, misrepresentation as well as nondisclosure of a material fact that could not be enforceable. I did not see any undue influence exerted by Mr. John Hollett in gaining benefit out of the prenuptial agreement as there is no clear sign that abuse of confidential relationship occurred between them in the first place.
Please write a page response to the text below: I agree with the New Hampshire Supreme Court decision that Erin was under “duress” when she signed the prenuptial agreement.
Assignment ID
153174
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CREATED ON
7 April 2017
COMPLETED ON
9 April 2017
Price
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7 April 2017
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7 April 2017
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7 April 2017
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