Duress Flashcards
1
Q
What is duress?
A
Excessive pressure to enter into a contract.
2
Q
What will happen to a contract entered into under duress?
A
It is voidable.
3
Q
What is duress against the person and a case?
A
Consent obtained as a result of threat of serious harm.
Barton v Armstrong.
4
Q
What is duress against goods?
A
A threat to remove or damage goods to obtain consent.
5
Q
What is economic duress?
A
A threat by a party to cease performance or breach a contract to extract a promise of more payment.
6
Q
What do the courts take into account when considering if pressure was illegitimate?
A
- Any actual or threatened breach of contract.
- Whether the person acted in good or bad faith
- Whether the victim had any realistic alternatives.
- Whether the victim protested at the time
- Whether he affirmed and sought to rely on the contract.
7
Q
What must the threat have constituted?
A
A significant cause to enter the contract.
