Niles, OH asked in Contracts for Ohio

Q: Can one legally breach a confidentiality contract if they are threatened?

This is not a case, rather a debate. I am told "No judge will uphold a confidentiality contract if the breaching party was threatened to do so". I told them the entire purpose of the agreement is to protect the party being held in confidentiality, especially if the breach leads to their harm or death. I appreciate your response. Thank you

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1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: Your question is unclear. "No judge will uphold a confidentiality contract if the breaching party was threatened to do so" doesn't make sense. What is the breaching party being threatened against? Signing the contract? Breach? If a contract with signed under duress, it is invalid. There may be instances where a breach of contract is justified, but it will require a look at the underlying facts.

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