Trinity Contract Law Policing Contracts for Improper Bargaining Case Study

Question Description

Theres a word limit of 250 on this. An analysis of the Restatement Second 175 has to be included from the text. You must provide a thorough analysis including governing law, formation, offer, acceptance rule of law how a court would find, and any possible defenses.

PROBLEM 13.7Anna Conda rents a house from Phoebe OPhidio. Anna keeps a pet snake in a cage in the house. Although the snake is not venomous or harmful, it is large and evil-looking and could be mistaken for a deadly viper. Phoebe does not know that Anna has the snake. Anna is aware that Phoebe would be very upset if she did know because this is not only a violation of a clause in the lease that forbids pets on the premises, but also because Phoebe had mentioned to Anna that she suffers from ophidiophobiaan intense and irrational fear of snakes. Last week, Phoebe decided to move back into her house and gave Anna the required one months notice to terminate the lease. Anna does not wish to leave the house. She asked Phoebe to come over to the house to discuss the termination notice and Phoebe obliged. After Phoebe came into the living room, Anna brought the caged snake into the room and locked the door. She told Phoebe that unless she agreed to withdraw the termination notice and give her a two-year lease, Anna would open the cage door and Phoebe could negotiate further with my friend here. Phoebe had no idea if the snake was dangerous, and neither asked nor cared. She screamed, I agreejust keep that cage door closed! The parties immediately signed a lease that Anna had prepared, rescinding the termination notice, eliminating the no-pets clause, and granting Anna a two-year lease on the house at the rent that Anna was currently paying. Because residential rents had been rising, this rent is about 20 percent lower than what Phoebe could obtain on the market.Immediately after she left the house and escaped the snake, Phoebe sought to rescind the new lease entered into with Anna. Is she able to argue that she entered into the lease under duress, as defined in Restatement, Second §§175 and 176?

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