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Chouinard v. Chouinard

United States Court of Appeals for the Fifth Circuit

568 F.2d 430 (5th Cir. 1978)

Relevant factsFree

After Fred Chouinard's company ran short of money due to his own bad business deal and unpaid customer bills, a refinancing lender required Fred to settle his father Al's and brother Ed's (defendants) longstanding ownership claims in the company; Al and Ed offered to release those claims only if Fred and his wife Ginger (plaintiffs) signed agreements to pay $190,000, an amount Fred considered excessive but signed anyway seeing no alternative. Fred and Ginger made installment payments for about a year before suing to void the agreements as products of economic duress; a jury found they'd waived the duress claim through their voluntary payments, and the district court entered judgment for Al and Ed, prompting Fred and Ginger's appeal.

IssueFree

Whether a settlement agreement is voidable for economic duress when the party asserting duress faced genuine financial hardship, but that hardship was caused by the asserting party's own conduct rather than by any wrongful pressure from the other contracting party.

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