Detailed Answer
(c) Duress is any wrongful threat or act of violence
made toward a person (or his family) which forces a person to
enter into a contract against his will. For duress to be present, a
threat must be made and the threatened party must believe that
the other party has the ability to carry out the threat. In this situation,
Maco’s actions did not constitute duress. Kent’s safety and
property were in no way threatened by Maco and Kent was able
to validly consent to the contract. Answers (a) and (b) are incorrect
because regardless of Kent’s financial problems and the FMV
of Kent’s services, duress was not present in that Kent was able to
enter into the contract at will. Answer (d) is incorrect because
Maco does not need to prove that Kent had no other offers to
provide financial services.