Question
Tom and Ben are considering opening a bar together as business partners. They have been best friends for years, and do not have any business
Tom and Ben are considering opening a bar together as business partners. They have been best friends for years, and do not have any business experience. When Tom is reviewing the agreement, his wife Kat, who is the primary provider for their home tells Tom that he must sign the agreement. He feels because of this he must sign, and so he does. Ben is reviewing his agreement in front of his sister, Allison. Allison is very invested in this project because she believes she can have many free events for her company and tells Ben if he does not sign the agreement, she will tell his wife about his mistress. As soon as she says this, Ben grabs the pen and signs the agreement, even though he and his wife have been on rocky ground for quite some time. Tom and Ben later review with their lawyers separately. Upon the advice of the lawyers, Tom decides to rescind his signature, and Ben still goes forward with his. Because Tom did not want to go forward with the agreement, it did not proceed. Allison is very angry about this and tries to sue Tom.
Explain what contract issues in this scenario, the arguments that can be used in defence.
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