Kelsey Hayes Wrongful Act

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.In general, to prove duress, Kelsey-Hayes must show a combination of a wrongful act by one party and the lack of reasonable alternative sources. For modification, it is important to note that a threat to breach-that is a threat not to perform where one does not believe that one has a legal justification for non-performance an count as a wrongful act. Therefore, modification coerced through threats of non-performance may turn out to be unenforceable, if the other elements of duress are proved and questions of good faith also point to non-enforcement. Under UCC law, modification is policed, not through the consideration doctrine but through the doctrines of duress and good faith. Although both of these doctrines are discussed in greater details, …show more content…

If Kelsey-Hayes’ manifestation of assent is induced by an improper threat by Galtaco Redlaw, then, latter’s threat leaves plaintiff no reasonable alternative and Kelsey-Hayes displays some protest against the modification to put the seller on notice that the modification was not freely entered into, then the contract is voidable. A rule of consideration doctrine declares that a party does not suffer a legal detriment by promising to do what he is already bound to do under an existing contract. It follows from this rule that the modification of Kesley-Hayes’s contractual performance is not binding unless it is supported by new consideration given by the Galtaco. This is for to invalidate a one-sided contractual modification extracted by a party who threatens not to perform unless his compensation increased. The consideration doctrine is a clumsy tool for policing coerced modifications. It does not allow for easy discrimination between legitimate and improper modifications, and it can be circumvented if the Galtaco demanding the modification undertakes some new detriment of relatively small value in relation to the gain to be received, or if the both parties go through the ritual of terminating the original contract and executing a new one. It is more efficient to focus directly on the problem of coerced modification by evaluating it under the rules of

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