Radford v. Keith

9 Citing cases

  1. Superior Performers, Inc. v. Meaike

    1:13CV1149 (M.D.N.C. Apr. 11, 2014)   Cited 14 times
    Finding two-year restriction on solicitation to be reasonable, citing Triangle Leasing Co. v. McMahon, 393 S.E.2d 854 (N.C. 1990) and Kennedy v. Kennedy, 584 S.E.2d 328 (N.C. Ct. App. 2003)

    However, "[d]uress 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) (emphasis added) (quoting Smithwick v. Whitley, 152 N.C. 369, 371, 67 S.E. 913, 914 (1910)) (internal quotation marks omitted), aff'd per curiam, 358 N.C. 136, 591 S.E.2d 519 (2004). "By duress, in its more extended sense, is meant that degree of severity, either threatened and impending, or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness." Id. at 45, 584 S.E.2d at 818 (quoting Edwards v. Bowden, 107 N.C. 58, 60, 12 S.E. 58, 58 (1890)) (internal quotation marks omitted).

  2. Elrod v. WakeMed

    No. 21-2203 (4th Cir. Jan. 31, 2023)   Cited 3 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, 584 S.E.2d 815, 817 (N.C. Ct. App. 2003) (citation omitted).

  3. Lonesource, Inc. v. United Stationers Supply Co.

    No. 5:11-CV-33-D (E.D.N.C. Mar. 28, 2013)   Cited 1 times

    A party asserting duress must show a wrong or unlawful act that induces the claimant to act under circumstances depriving the claimant of the exercise of free will. See Link v. Link, 278 N.C. 181, 194, 179 S.E.2d 697, 704-05 (1971); Smithwick v. Whitley, 152 N.C. 369, 67 S.E. 913, 914 (1910); Radford v. Keith, 160 N.C. App. 41,43-44, 584 S.E.2d 815, 817-18 (2003). Lonesource contends that United threatened to stop supplying Lonesource.

  4. VF Jeanswear Ltd. Partnership v. Molina

    320 F. Supp. 2d 412 (M.D.N.C. 2004)   Cited 22 times
    Holding that β€œ[w]hen a release is executed in exchange for valuable consideration, the release provides a complete defense ...”

    To demonstrate the existence of duress, Molina must proffer evidence that VF Jeanswear's conduct was unlawful or wrong, that Molina was coerced into signing the agreement, and that Molina's consent to the agreement was involuntary because VF Jeanswear prevented Molina from exercising his free will. See Radford v. Keith, 160 N.C. App. 41, 44, 584 S.E.2d 815, 817-18 (2003). Molina characterizes his situation as "an intolerable choice: Either he sign an Agreement which he had repeatedly complained was unfair and unlawful under Honduran law, or he would be stranded in a foreign country without pay and the ability to move his family back home."

  5. Dmarcian, Inc. v. DMARC Advisor BV

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

    β€œDuress 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 β€œif made with the corrupt intent to coerce a transaction grossly unfair to the victim and not related to the subject of such proceedings.”

  6. 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 ΒΆ 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.

  7. 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.

  8. 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).

  9. Brungard v. Canestorp

    No. COA17-503 (N.C. Ct. App. Nov. 7, 2017)

    A motion for directed verdict should be denied "unless the evidence, taken as true and viewed in the light most favorable to the plaintiff, establishes an affirmative defense as a matter of law." Radford v. Keith, 160 N.C. App. 41, 43, 584 S.E.2d 815, 817 (2003). Our review is de novo. Austin v. Bald II, L.L.C., 189 N.C. App. 338, 342, 658 S.E.2d 1, 4 (2008).