“I just finished teaching duress. The Restatement approach to duress requires an improper threat. As usual, I found it hard to draw the line between offer and threat in a way that helped my students. Looking for some new material, I came across my co-blogger Sid Delong’s article, ‘Coasean Blackmail: Protection Markets and Protection Rackets’ in the Kansas Law Review. In many situations, Sid finds courts’ attempts to distinguish offers from threats unhelpful. As Sid notes, inhibiting threats could inhibit a party’s good faith offer to forego a harmful action at a reasonable price …” (more)
[Jeremy Telman, ContractsProf Blog, 28 February]
First posted 2022-03-01 08:00:47
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