When a person enters into a contract he or she must enter into a contract freely and desire to enter into the contract. What happens if a person enters into a contract against his or her will or because he or she feels that there is no choice? What about the person who signs over his or her business because of fear that he or she, or his or her family, will be harmed? What about the person who waives receiving compensation because he or she is afraid of being fired? This case, Eckstein v. Eckstein, deals with an allegation of duress in a divorce setting.

Activity Instructions

Answer the following questions:

1. Explain the legal concept of duress.
2. Summarize the facts of the case.
3. What was the decision of the trial court (Circuit Court for Prince George's County)?
4. What issues were raised on appeal to The Court of Special Appeals?
5. There is a discussion in the opinion of the issue of the unequal distribution of marital property and if that conclusively establishes there was duress. Does the Court hold that an inequitable division of property by itself show duress? Why or why not? Do you agree?
6. Considering the information contained in the textbook and this case, do you believe that a mental illness alone always shows a lack of capacity or should be the basis for a finding of duress?
7. Identify the issue(s) on appeal and the decision of the Court of Special Appeals on the issue(s).
8. Explain the Court of Special Appeals' decision.
9. Do you believe that the husband's attorney was zealously representing his client?
10. Did the husband's attorney act in an ethical manner?

Writing and Submission Requirements

• 3-4 pages (approx. 300 words per page), not including title page or references page
• Requires introduction, paragraphs with each question having its own subheading, and a conclusion
• APA citations must be present within the body of the assignment