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2. Rosa, while engaging in negotiations for the lease of Sam's commercial property for her new business, is upset by what she perceives to be

2. Rosa, while engaging in negotiations for the lease of Sam's commercial property for her new business, is upset by what she perceives to be Sam's unreasonable stubbornness in refusing to accept what she feels is an eminently fair offer for a five-year lease. After an hour of fruitless negotiation, she turns to Sam and says: "You know, you are the most pig-headed person I've ever had the unfortunate experience of dealing with. Unless you accept my offer, I'm going to beat you senseless." Sam promptly accepts the offer and signs a commercial lease agreement with Rosa. A month later, unhappy with the arrangement, Sam wants to avoid the contract based on duress.

A. Assume that Sam is a 300-pound ex-linebacker for the New York Giants and Rosa a slender, petite woman. Is Sam likely to succeed? Explain.

B. Would your answer be different if Rosa had threat-ened to have Sam killed if he did not sign the agreement and Sam believed her to be serious?

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