Contract Law- Duress And Undue Influence

Contract law - bondage and undue decide What argon the differences amongst handcuffs and Undue Influence? Discuss, ensuring that you illustrate your answer by reference to relevant case law. It is of fundamental importance that parties to a crush enter into the agreement voluntarily rather than as a result of wardrobe (duress) or manipulation (undue influence). The center centre of a contract, a legally binding contract is founded upon the parties prominent their free consent to be bound by the term of the agreement. Common law gives the doctrines of duress and undue influence to allow a contract to be set apart if genius party has put unfair and improper storm on the other in the negotiations leading up to the contract.  So, an discrepancy of dicker power between contractual parties, which is exploited by contract.  Duress is concerned with situations in which an agreement which appears to be reasoned on its face is challenged because it is alleged that i t is the product of improper pressure of both(prenominal) kind. Duress can be broken down into 3 categories, Actual or threatened violence to the person, Threats to property and stinting duress.

Previously the only amount of pressure that the courts were prepared to fall apart amounting to duress would involve private violence or threats as well as; this can be evidenced in the case of Barton v. Armstrong. The claimant was the managing managing director of a company and the defendant was the antecedent chair person. The defendant made threats of violence if the claimant did not corrupt shares. The claima nt made a purchase but sought a declaration ! that the feat was void for duress. The contract was held voidable because the threats of personal violence were a factor in the claimants decision, point though he may have entered the contract without the threats existence made as he stood to gain. One of the problems with economic duress lies in establishing the boundaries of unimpeachable behaviour of this kind, since economic pressure...If you want to express a estimable essay, order it on our website: OrderCustomPaper.com

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