CONTRACT LAW L4 - Duress & Undue Influence - INTRO Flashcards
What happens when obligations are not freely and independently assumed ? (2)
The contract may not be allowed to stand, despite the presence of offer and acceptance, consideration, ICLR and capacity.
Who was duress and undue influence developed by? (2)
Duress - common law courts
Undue influence - courts of equity
What is duress? (2)
It involves one party coercing another party into a contract: consent is not present or not given freely in the same way it should be.
What is the historical context of duress? (2)
Historically it is has been confined to the threat or act of violence. When a person enters into a contract wholly or partly because they have been subject to actual violence or threats of violence then the contract won’t be binding on hem.
What are the three types of duress? (3)
Violence, seizing / damaging to one’s property and economic duress.
What is required in order to establish economic duress? (1)
Compulsion / lack of practical choice for the victim must be present.
What are the two types of undue influence? (2)
One type is overt acts of improper pressure or coercion, clear overlaps with duress. The other is a relationship where one party has influence over the other, which could be taken advantage of.
