Post v. Jones

Citation

60 U.S. 150 (1856)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

A contract for salvage services made while a vessel is in distress and the owner has no alternative is not enforceable; parties in a position of necessity cannot enter into valid binding contracts when the other party exploits that necessity — the law will not enforce inequitable contracts made under duress or necessity.

Significance

Early Supreme Court case on economic duress and necessity; establishes that courts of equity will not enforce contracts obtained by taking advantage of another’s urgent necessity.

Courses