New Hampshire

Austin Instrument, Inc. v. Loral Corp. in New Hampshire Law

How Austin Instrument, Inc. v. Loral Corp. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Contracts.

State Approach

New Hampshire law, like federal law, adheres to the principles of economic duress and good faith in contract dealings. The decision in Austin Instrument underscores the recognition of coercive bargaining practices as grounds for relief against contract enforcement.

State Rule
Under New Hampshire law, for a claim of economic duress to be valid, it must be shown that a party was compelled to agree to a contract due to wrongful threats that left no reasonable alternative.
Significant State Cases

Bishop v. New Hampshire

The court held that a party can rescind a contract induced by economic duress if they prove that their consent was obtained through wrongful conduct.

Eaton v. Town of Hudson

The court established that economic pressures, when improper and unjust, may constitute duress sufficient to void a contract.

Martel v. New Hampshire Department of Health and Human Services

The court ruled that duress can invalidate agreements if it can be shown that a party was forced into the contract under significant coercive pressure.

Comparison to Federal Law

New Hampshire's approach mirrors the federal standard set forth in Austin Instrument, emphasizing economic duress and the necessity of proving wrongful coercion. However, New Hampshire courts may place greater emphasis on the subjective experience of the party claiming duress compared to some federal interpretations.

Bar Exam Note

Understanding the implications of economic duress in contracts is crucial for the New Hampshire bar exam, particularly how it aligns with state law and prior case rulings.

Practice Pointers
  • Always assess the nature of the pressure exerted in contract negotiations to identify potential claims of duress.
  • Document any threats or coercive behavior during contract discussions to build a basis for economic duress claims.
  • Remember that both subjective and objective elements are important in assessing duress claims under New Hampshire law.

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