Midway Martin pressures the owner of Happyland Amusement Park to sell it for 10% of its value.
Original Air Date: July 17, 1940
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Hi Adam,
You mentioned the issue of contracts signed under duress. I am wondering when that concept came about. Was it around in the 1940s? But even if it was, Happyland’s owner would have to prove it, and what proof would she be able to provide? It would come down to a he-said/she-said. True, Lois could add her word, but that probably would not add anything.
Clifford
Well, Duress as part contract law is actually part of the British Common and has been with us for centuries before there was a United States. Lois’ word would add a great deal, two witnesses against one. In addition, the price Midway Martin paid was such a paltry percent of the value that the court would most likely conclude that duress had to play a role in it. In Civil Cases, you only have to prove your case by a preponderance of the evidence (more likely than not) rather than beyond a reasonable doubt as is the case in criminal court.
But then again, I guess that’s why Superman’s not a courtroom drama.