"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, 584 S.E.2d 815, 817 (N.C. Ct. App. 2003) (citation omitted).
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.
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.
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).
"A wrongful act or threat is an important element of duress." Radford v. Keith, 160 N.C. App. 41, 44, 584 S.E.2d 815, 817 (2003). "In the instance where the court cannot find sufficient threat to constitute duress, it may still find the presence of undue influence."
While we are aware that two federal district courts which have considered the issue have concluded that “ no [civil] cause of action for extortion exists under North Carolina law[,]" Delk v. ArvinMeritor, Inc., 179 F.Supp.2d 615, 626 (W.D.N.C.2002); Godfredson v. JBC Legal Group, P.C., 387 F.Supp.2d 543, 555 (E.D.N.C.2005) (“ [A] survey of the applicable North Carolina authority indicates that no civil cause of action exists for the tort of extortion." ), we construe plaintiffs' complaint as a cause of action for duress for the sole purpose of determining whether or not it is barred by the affirmative defense of POI. SeeRadford v. Keith, 160 N.C.App. 41, 43-44, 584 S.E.2d 815, 817 (2003) (“ 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." (Citation and quotation marks omitted.)
ion of N.C. Gen. Stat. § 14-234(a)(1), and (2) Greene was speaking on behalf of all the individual defendants in an attempt to wrongfully interfere with plaintiffs' contract with the Authority to operate the FBO. Though N.C. Gen. Stat. § 14-234 does not contemplate recovery of compensation by an individual, plaintiffs' complaint also expressly states a claim for extortion. While we are aware that two federal district courts which have considered the issue have concluded that "no [civil] cause of action for extortion exists under North Carolina law[,]"Delk v. ArvinMeritor, Inc., 179 FSupp.2d 615, 626 (W.D.N.C. 2002); Godfredson v. JBC Legal Group, EC, 387 FSupp.2d 543, 555 (E.D.N.C. 2005) ("[A] survey of the applicable North Carolina authority indicates that no civil cause of action exists for the tort of extortion."), we construe plaintiffs' complaint as a cause of action for duress for the sole purpose of determining whether or not it is barred by the affirmative defense of POI. See Radford v. Keith, 160 N.C. App. 41, 43-44, 584 S.E.2d 815, 817 (2003) ("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." (Citation and quotation marks omitted.)