Radford v. Keith

4 Citing cases

  1. Dmarcian, Inc. v. DMARC Advisor BV

    CIVIL 1:21-cv-00067-MR (W.D.N.C. May. 1, 2024)   Cited 1 times

    “Duress exists where one, by the unlawful act of another, is induced to make a contract or perform or forego some act under circumstances which deprive him of the exercise of free will.” Radford v. Keith, 160 N.C.App. 41, 43-44, 584 S.E.2d 815, 817 (2003). A threatened act is unlawful “if made with the corrupt intent to coerce a transaction grossly unfair to the victim and not related to the subject of such proceedings.”

  2. Holland v. Wells Fargo Home Mortg.

    DOCKET NO. 5:14-cv-00176-MOC (W.D.N.C. Feb. 13, 2015)   Cited 5 times

    Complaint at ¶ 95. A person who threatens to do that which he or she may lawfully do cannot be held to have intentionally inflicted emotional distress. United States v. Twenty Miljam-350 IED Jammers, 669 F.3d 78 (2d Cir. 2011); Radford v. Keith, 160 N.C.App. 41 (2003). Plaintiffs have, therefore, failed to state any cognizable IIED claim against any defendant.

  3. Holland v. Wells Fargo Home Mortg.

    DOCKET NO. 5:14-cv-00176-MOC (W.D.N.C. Feb. 6, 2015)

    Complaint at \ 95. A person who threatens to do that which he or she may lawfully do cannot be held to have intentionally inflicted emotional distress. United States v. Twenty Miljam-350 IED Jammers, 669 F.3d 78 (2d Cir. 2011); Radford v. Keith, 160 N.C.App. 41 (2003). Plaintiffs have, therefore, failed to state any cognizable IIED claim against any defendant.

  4. Performance Sales Mktg. v. Lowe's Companies

    5:07cv140 (W.D.N.C. Jun. 4, 2010)   Cited 6 times
    Noting that in order to prove tortious interference with contract, a party must show: 1

    Duress exists where one party to a contract, by the wrongful act of another, is induced to enter the contract under circumstances which deprive him of the exercise of free will.Radford v. Keith, 584 S.E.2d 815, 817 (2003) (citation omitted). A simple breach of contract by itself is not sufficient to state a claim for duress, George Shinn Sports, Inc. v. Bahakel Sports, Inc., 393 S.E.2d 580, 584 (N.C. Ct. App. 1990), especially where the other party has an adequate remedy at law, Rose v. Vulcan Materials Co., 194 S.E.2d 521, 536 (N.C. 1973).