The Hoffmans were having their home remodeled by All-Right Contractors. The roof had to be removed in order to build the second story the Hoffmans had contracted and designed to build. After All-Right had removed the roof, but before a covering was placed over the exposed half of the home, All-Right's foreman said the job would cost an additional $12,500. The Hoffmans refused to agree to the additional fees and All-Right's foreman said, ""Suit yourselves. Looks like rain for the next day or two,"" and left. The Hoffmans called All-Right and agreed to pay the $12,500 extra and went in to sign the paperwork. Which of the following statements is true?

a. The contract for the additional $12,500 is valid and binding.

b. The contract for the additional $12,500 is invalid because of duress.

c. The contract was not valid because of duress, but the Hoffmans signed anyway - so there is a valid and enforceable agreement.

d. none of the above

Question

Business

Guest

9 July, 08:08

The Hoffmans were having their home remodeled by All-Right Contractors. The roof had to be removed in order to build the second story the Hoffmans had contracted and designed to build. After All-Right had removed the roof, but before a covering was placed over the exposed half of the home, All-Right's foreman said the job would cost an additional $12,500. The Hoffmans refused to agree to the additional fees and All-Right's foreman said, ""Suit yourselves. Looks like rain for the next day or two,"" and left. The Hoffmans called All-Right and agreed to pay the $12,500 extra and went in to sign the paperwork. Which of the following statements is true?

a. The contract for the additional $12,500 is valid and binding.

b. The contract for the additional $12,500 is invalid because of duress.

c. The contract was not valid because of duress, but the Hoffmans signed anyway - so there is a valid and enforceable agreement.

d. none of the above

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Answers (1)

Know the Answer?

Dane Pollard · Answer 1

I believe that the contract for the additional $12,500 is a valid contract but can be voided by the Hoffmans if they prove that duress was established, so it is a voidable contract.

Explanation:

In legal terms duress means that someone was illegally forced to accept a contract or perform an action. In this case the Hoffmans were victims of duress since All-Right's foreman forced them to accept the price increase or there house would be in bad shape due to rain. It's like a doctor asking more money in the middle of an operation or else he will stop operating.