Question
Fred's business is way overdue in paying Ethel for delivery and acceptance of goods. Ethel calls Fred, stating, If you don't pay up today, I'll
Fred's business is way overdue in paying Ethel for delivery and acceptance of goods. Ethel calls Fred, stating, "If you don't pay up today, I'll sue you in civil court for the debt you owe me - now, pay up or sign this promissory note for the balance. Fred pleads with Ethel to give him a little more time to raise the money and complete a sales promotion to net the funds, but Ethel sternly refuses. Fred finally signs a promissory note to Ethel for the balance, but later seeks to avoid the note. Based on the information in the scenario, which of the statements best describes the likely outcome of Ethel's threat of civil prosecution? a. Made the note voidable due to unconscion ability. b. Creates the defense of duress. c. Does not create the defense of duress, and her threat of suit was within her rights as a creditor. d. Constitutes abuse of process.
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