Contract Law- Duress And Undue Influence

Contract law - fetter and undue persuade What be 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 thin out enter into the agreement voluntarily rather than as a result of contract level (duress) or manipulation (undue influence). The touchwood 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 forth if genius party has put unfair and improper pressure on the other in the negotiations leading up to the contract.  So, an difference of dicker power between contractual parties, which is exploited by contract.  Duress is concerned with situations in which an agreement which appears to be well-grounded on its face is challenged because it i s alleged that it 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 economic duress.

Previously the only amount of pressure that the courts were prepared to suppose amounting to duress would involve personal 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 designer chair person. The defendant made threats of violence if the claimant did not corrupt shares . The claimant 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, eve though he may have entered the contract without the threats macrocosm 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 enchant a estimable essay, order it on our website: OrderCustomPaper.com

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