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Contract Law Case Study

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Whether under Contracts Code section 201 Megan Hartley will be able to void the Separation Agreement where she signed it while being pressured by her husband and after drinking scotch.
Facts:
Megan Hartley and Tony Hartley were married six years ago. They have two eight year old twins Ariel and Jason. Mr. Hartley is an investment banker. Mrs. Hartley is a part-time salesperson at an art gallery. Mr. and Mrs. Hartley have been fighting often over the last two years. On three separate occasions during that time Mr. Hartley struck Mrs. Hartley in the face following a verbal fight. This has caused Mrs. Hartley to drink one to two scotches a day. Mr. Hartley doesn’t drink. When they first got married bot Mr. and Mrs. Hartley had their own dogs. …show more content…
Hartley announces that he is done with all of the fighting and is leaving. He quickly packed a bag and left. After consulting a lawyer Mr. Hartley returned on Monday evening with a Separation Agreement drafted by his lawyer. The agreement stated that Mr. and Mrs. Hartley would live apart effective immediately, would have joint custody of the children, and the divorce would be filed as soon as possible. It also agreed there would be no alimony and the couple’s property would be divided in elaborate detail. However, in the absence of a Separation Agreement a court would probably grant Mrs. Hartley custody of the children, child, support, and three to five years of alimony. Also, the court would most likely divide the property more to Mrs. Hartley’s benefit. The agreement becomes effective when signed by both parties. Mr. Hartley signed it before showing it to Mrs. …show more content…
Hartley to feel threatened by Mr. Hartley as their previous verbal fights have ended with him striking her in the face in three different occasions. It is also clear that Mrs. Hartley would feel further threatened by the dog who was on his feet and was staring at Mrs. Hartley during their argument. Even if to her knowledge the dog has never bitten anyone she still claimed that the dog bared his teeth and growled whenever Mr. Hartley was upset and this in turn made her nervous. The evidence also shows that when she finally signs the papers she asks him to leave immediately and to take the dog with him. This could be construed as she felt threatened by both Mr. Hartley and the dog and only signed to get rid of

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