Section 7.10 Duress

• Library: Settling Cases 2014

One defense to the validity of a release is that it was entered into as a result of duress. “Whether particular facts are sufficient to constitute duress is a matter of law for the court, while the question of whether the facts alleged actually exist is a matter for the fact finder.” Anselmo v. Mfrs. Life Ins. Co.,771 F.2d 417, 419–20 (8^th Cir. 1985); Jamestown Farmers Elevator, Inc. v. Gen. Mills, Inc.,552 F.2d 1285, 1290 (8^th Cir. 1977).

Although the parties may negotiate an unambiguous release with assistance of counsel, a party may still claim that the release was involuntary because it was executed under duress. Duress is established if, considering the circumstances, the conduct of one party to the release prevents...