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).
The factual allegations in this case are a far cry from those which courts have found sufficient to state a claim for or constitute duress. SeePerformance Sales & Mktg., 2010 WL 2294323, at *7 (defendant threatened to withhold money that was essential to the continuation of plaintiff's business operations); Radford v. Keith, 160 N.C.App. 41, 45–46, 584 S.E.2d 815, 818–19 (2003) (plaintiff was detained in defendant's office for two hours before she agreed to sign note); Fallston Finishing, Inc. v. First Union Nat'l Bank, 76 N.C.App. 347, 333 S.E.2d 321 (1985) (trial court erred in refusing to submit issue of economic duress to jury; plaintiffs had two options: enter agreement, or watch four companies collapse); Weaver, 37 N.C.App. at 297–98, 246 S.E.2d at 226–27 (defendants threatened to destroy the whole project if plaintiffs did not enter agreement); Rose, 282 N.C. at 666, 194 S.E.2d at 536 (plaintiffs options were to cede to defendant's demands or go out of business); Link v. Link, 278 N.C. 181, 195, 179 S.E.2d 697, 705 (1971) (evidence to support finding of duress where husband threatened to take children from wife to coerce her to transfer her property to him without consideration). The plaintiffs actually benefitted from the 2013 Note, which extended the maturity date on the previous advances despite the occurrence of defaults and released and substit