Legal Question in Civil Litigation in Massachusetts

Larceny/Embezzlement of Propery

1. Girl meets boy. Girl sells her house and puts $70,000 on new home in joint venture with boy. Boy puts no money down but promises to pay back down payment if relationship goes south.

2. Relationship disintegrates (big surprise there). Boy offers girl $40,000 to break all ties (he wants to keep the new house naturally). Girl needs to get the hell out of Dodge, but boy won't fork over the cash until girl signs agreement.

3. Agreement describes division of household goods and certain bills mutually acquired that Boy thinks Girl should be accountable for.

4. Girl signs contract because she can't afford a lawyer and she desperately needs the 40K to get away from the prick and try to start over.

5. Girl takes 40K buys new home. Economy plummets. Bills accumulate. X-Boy harasses her for the balance of the agreement.

6. Greedy Boy attaches Girl's property and files suit claiming breach of contract.

Questions:

1. Can Girl reasonably defend with affirmative defense of duress?

2. Can Girl counter sue for the remaining $30,000 that boy did not pay her back?

3. Can Girl sue for larceny/fraud as it was Boy's intention to get the house and dump the Girl all along?

1 Answer from Attorneys

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