Rajah Lehal

Duress Should not Be Used to Obtain a Signature to Settlement Agreement

September 11, 2015

Links from this article: Read the article here.

Hollywood and Oscar nominated star Terrence Howard cried in court about his wife’s threats to release his private medical information. During acrimonious divorce proceedings, Howard was contacted by his wife and allegedly forced to sign a divorce settlement agreement under duress. His wife had informed that that if he refused to comply with her mediation settlement requests, that she would release private medical information about him.

While mediation and settlement are encouraged by the justice system, using blackmail to force execution of a settlement agreement will not likely be tolerated. Parties should be able to demonstrate that they had the opportunity to obtain independent legal advice before signing a settlement agreement.

Read the article here.Take away:

  • A settlement agreement signed under duress can be nullified if a party can prove duress.
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Written by Rajah. Rajah Lehal is Founder and CEO of Clausehound.com. Rajah is a legal technologist and technology lawyer who is, together with the Clausehound team, capturing and sharing lawyer expertise, building deal negotiation libraries, teaching negotiation in classrooms, and automating negotiation with software.