Maco. Inc. and Kent contracted for Kent to provide Maco certain consulting services at an hourly rate of $20. Kent's normal hourly rate

was $90 per hour, the fair market value of the services. Kent agreed to the $20 rate because Kent was having serious financial problems.

At the time the agreement was negotiated, Maco was aware of Kent's financial condition and refused to pay more than $20 per hour for

Kent's services. Kent has now sued to rescind the contract with Maco, claiming duress by Maco during the negotiations. Under the

circumstances, Kent will:

Lose, because Maco cannot prove that Kent, at the time, had no other offers to provide consulting services.

Win, because Maco was aware of Kent's serious financial problems.

O Lose, because Maco's actions did not constitute duress.

O Win, because Maco refused to pay the fair market value of Kent's services.