Question
Brown, a machine operator in Green's plant, lost her left hand in the course of her employment. Because of the character of the work, the
Brown, a machine operator in Green's plant, lost her left hand in the course of her employment. Because of the character of the work, the state workers' compensation laws do not apply. Brown threatens to sue Green for $80,000 for damage to her ability to earn a living for the remainder of her working life. Brown claims, with apparent good reason, that the machine should have been guarded at the point where the injury occurred. Green offers to pay $20,000 to Brown if Brown will drop the court action. Brown agrees, and Green pays her $5,000 on account. It soon becomes apparent that this is all Green intends to pay. Brown starts a court action for the remaining $15,000. Green sets up as a defense that the contract resulted from duress. Who would win the court action? Why?
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