Flashcards in Duress and Undue Influence Deck (6)
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"
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
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
Is physical pressure enough to establish duress?
Yes. Barton v Armstrong
Duress makes the contract voidable not void. Which case?
Opel v Mitras