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scinded where parties seeking rescission on basis of duress treated agreements as binding and sought benefits pursuant to the agreements) (applying New Hampshire law); Diffenderfer v. Heublein, Inc., 412 F.2d 184, 188-89 (8th Cir. 1969) (concluding that contract, even if procured by duress, was ratified by ac
inguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amiel, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission has discovered grounds for rescinding an agreement and either remains sile
scinded where parties seeking rescission on basis of duress treated agreements as binding and sought benefits pursuant to the agreements) (applying New Hampshire law); Diffenderfer v. Heublein, Inc., 412 F.2d 184, 188-89 (8th Cir. 1969) (concluding that contract, even if procured by duress, was ratified by ac
inguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amiel, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission has discovered grounds for rescinding an agreement and either remains sile
udicial SO EFTA00299070 process," id., which prohibits "parties from deliberately changing positions according to the exigencies of the moment." New Hampshire v. Maine, 532 U.S. 742, 749-50 (2001). "Stated simply, the doctrine of judicial estoppel rests on the principle that "absent any good explanation,
stent with an intention of avoiding it, have the effect of an election to affirm. Hendricks v. Stark, 99 Fla. 277, 285 (Fla. 1930); AVVA-BC, LLC v. Amiel, 25 So.3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission has discovered grounds for rescinding an agreement and either remains silen
scinded where parties seeking rescission on basis of duress treated agreements as binding and sought benefits pursuant to the agreements) (applying New Hampshire law); Diffendelfer v. Heublein, Inc., 412 F.2d 184, 188-89 (8th Cir. 1969) (concluding that contract, even if procured by duress, was ratified by ac
nguish that power by ratification of the contract."') (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amiel, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission has discovered grounds for rescinding an agreement and either remains sile
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