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Flashcards in Duress and Undue Influence Deck (6)
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1

What is the definition of duress in Subsea?

"The exercise of illegitimate pressure, compelling or restricting the choice for the victim, which is a significant cause in inducing the victim to enter the contract"

2

What elements are there to establish for duress to take place?

1. Illegitimate pressure
2. Compelling or restricting the choice for the victim
3. The pressure was a significant cause in inducing the party to enter the contract

3

What factors are established in Carillion v Felix for establishing whether illegitimate pressure has taken place?

1. Actual or threatened breach of contract2
2. Whether the breaching party was acting in good faith
3. Whether the victim had a realistic practical alternative
4. Whether the victim protested at the time
5. Whether the victim affirmed and sought to rely on the contract

4

Is physical pressure enough to establish duress?

Yes. Barton v Armstrong

5

Duress makes the contract voidable not void. Which case?

Opel v Mitras

6

What are the four bars to rescission in duress?

1. Affirmation
2. Delay
3 An innocent party has acquired an interest
4. It is impossible to restore the goods or property.