With no explanation, chose the best option from "A", "B", "C" or "D". duress, is voidable, not void, and the person claiming duress must act promptly to repudiate the contract or release or he will be deemed to have waived his right to do so.”), cert. denied, 461 U.S. 915, 103 S.Ct. 1896, 77 L.Ed.2d 285 (1983). The burden of proving ratification of an invalid release rests upon Leslie Fay. Leslie Fay also argues that Kishbaugh must be deemed to have ratified the release because he did not tender back the $10,200 he received as a result of signing it. Whether the OWBPA was intended to supplant the common law doctrine of ratification is the subject of intense debate. See Reid v. IBM Corp., No. 95 Civ. 1755, 1997 WL 357969, *14 (S.D.N.Y. June 26,1997) (quoting 29 U.S.C. § 626(f)(1)); compare Blistein v. St. John’s College, 74 F.3d 1459, 1466 (4th Cir.1996) (<HOLDING>); Fleming v. U.S. Postal Serv., 27 F.3d 259,

A: holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff
B: holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur
C: holding adea release enforceable notwithstanding employers failure to conform the release to the owbpa because upon learning that the agreement is voidable the employee like the party who acted under duress can either avoid performance of the contract or accept its benefits and thereby ratify the contract
D: holding that a defendant who accepts the benefits of control release waives any argument that application of the control release program in the form of the forfeiture of gain time was an ex post violation because control release was enacted after the date of his or her offenses
C.