8/5/2023 0 Comments Contract signed under duress![]() ![]() Wife claims that Husband compelled her to sign the settlement agreement and MDA because he told her there would be no hope for reconciliation between them if she did not sign the settlement agreement. Upon review of the trial court’s record, the Appellate Court concluded: If so, whether the award of attorney’s fees to Husband was reasonable.Whether Wife’s attempt to rescind the MDA was a breach of contract entitling Husband to an award of attorney’s fees under the MDA.Wife appealed the trial court’s decision to The Court of Appeals of Tennessee at Knoxville raising the following issues: Pursuant to this provision, the trial court ordered Wife to pay $32,883.80 to Husband for his attorney’s fees. Additionally, the MDA contained a provision requiring an award of attorney’s fees to the prevailing party in an action to enforce the MDA. Thusly, The trial court entered a judgment of divorce approving the MDA and parenting plan. The trial court concluded that Wife was not under duress when she entered into the settlement agreement and MDA, and that the MDA was a valid contract. Lastly, Wife claimed Husband told her “if she ever had any hope of reconciliation or continuing a relationship, she had to reach an agreement” the day they signed the MDA and parenting plan. Wife was also unemployed and claimed to be distraught by lack of income. Wife claimed financial and emotional pressure by virtue of the marital home being sold and Wife having less than one month to move out and find a new place to live. Husband subsequently filed a motion to enforce the agreements.Īt the hearing, Wife alleged she was under duress when she signed the agreements. ![]() ![]() Two weeks later, Wife filed a pleading indicating she wanted to rescind her previous agreement to the MDA and permanent parenting plan. Based on the parties’ agreement, Husband’s attorney drafted an MDA and permanent parenting plan, which Husband and Wife both signed. The settlement agreement outlined the terms of a proposed Marital Dissolution Agreement (MDA) and permanent parenting plan. While conducting depositions the parties held an impromptu settlement conference and entered into a written settlement agreement. Jano Janoyan are Andrea Janoyan (Wife) filed for divorce from Jano Janoyan (Husband). When determining whether a party experiences duress, the court considers age, sex, intelligence, experience and force of will of the party, the nature of the act and all the relevant circumstances. Duress is distinguishable from “ undue influence”, a concept employed often in the law of wills, involving a fiduciary who occupies a position of trust and confidence in regard to the creator of will.ĭuress exists where a person is coerced by the wrongful conduct or threat of another to enter into a contract under circumstances that deprive the individual of his or her free will. Duress is defined as the pressure exerted upon a person to coerce that person into performing an act that he or she ordinarily would not. ![]()
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