Radford v. Keith

1 Citing case

  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).