Wednesday, May 11, 2005
The concept of duress is one of those that seems clear enough on the surface, but gets murkier and murkier the more closely you look at it. In a new article A Realistic Proposal for the Contract Duress Doctrine, 107 W. Va. L. Rev. 443 (2005), Grace Giesel (Louisville) tries to make sense out of the various aspects of the economic duress problem, and defends a "no reasonable alternative" test as a means of cleaning up much of the confusion.
The article isn’t on the web, but you can get a copy by contacting the author here.