What are the chances of winning a cases in which you are in breach of your contract due to Duress and Undue influence
Los Angeles, CA
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Posted 3 months ago in Entertainment
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this involves a recording contract and an endorsement deal
Answers (3)Pamela Koslyn
This attorney is licensed in California.
Posted 3 months ago.
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Without you disclosing the relevant facts about why you think that your performance under this recording contract and endorsement deal would be excused, it's not possible to answer your question. Offhand, I'm having a hard time envisioning a situation where you'd be under duress and undue influence throughout the performance of these contracts and made unable to perform them, but I'm willing to be convinced.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Dana Howard Shultz
This attorney is licensed in California.
Posted 3 months ago.
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I agree with the first answer that more facts must be provided before any lawyer can help you.
I am wondering, however, whether the point you are trying to make is that duress and undue influence are issues in your entering into the agreement, rather than in your performing it. Please see the links below for definitions of duress and undue influence in the California Civil Code. Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship. Oscar Michelen
This attorney is licensed in New York.
Posted 3 months ago.
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As a general rule, duress is very difficult to prove as you will have to prove that you were so overcoem with pressure that you did not wilfully sign the contract. Undue influence usually applies to signing a will and not an entertainment contract. There may be a number of other defenses or ways to get out of the contract. Maybe the company breached the agreement first somehow or maybe the contract is unconscionable or otherwise unenforceable. Your first step is to have a qualified practitioner in your area review the contract and whatever facts you can present to let you know where you stand. Good Luck!
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