Duress – This term is another technical area of law where a party may argue that they only entered into the contract due to some serious and illegitimate threats and coercion from the other party. The threat does not have to be a physical threat but it does need to be unlawful and to have significantly caused the innocent party to have agreed to the contract in  circumstances where there was not a reasonable alternative to him, her or it. So, in summary :-

  • Simple economic pressure is insufficient to constitute duress
  • What other alternatives did the party claiming duress have course ?
  • What evidence is available to demonstrate that the party claiming duress was very uncomfortable about the contract ?
  • Was the victim advised by lawyers or others ?
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