Legal Question in Business Law in New York

Re: If modified contract is under duress, is original contract still good

Under your fact scenario, it would seem to be a tough case to allege duress. X could simply reject the "settlement offer" and pursue his legal remedies. As for signing it and pursuing a case based on the original breach, it depends what the superseding contract says. A good lawyer should insert strong "release" language in the subsequent contract, terminating the prior one and releasing both sides from any claims or liability.

This answer is general in nature and should not be construed as legal advice.

Good luck

Re: If modified contract is under duress, is original contract still good

The facts you offer are sketchy and general in nature. Accordingly, this response is the same.

Economic duress is very difficult to establish. Without knowing greater factual detail, my hunch is that economic duress would not be established under your fact pattern, absent some additional information as to your dire financial condition.

Typically, if you sign a new agreement, it will say that it supercedes any prior agreements between the parties (known as a integration clause). It may also contain a release of prior claims.

If the amounts at issue are truly significant, you might want to find an experienced business litigator who would be willing to accept the representation on a contingent fee basis and, in the meantime, hunt for another job. (Although if successful in the lawsuit, the damages you suffered by virtue of lost income for being out of work would also seem compensible.)

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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