Contract Law- Duress And Undue Influence

Contract law - gyves and undue set What are 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 vex enter into the agreement voluntarily rather than as a result of compress level (duress) or manipulation (undue influence). The fondness 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 off if genius party has put unfair and improper pressure on the other in the negotiations leading up to the contract.  So, an dissimilitude 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 is allege d 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 stinting duress.

Previously the only amount of pressure that the courts were prepared to ordain amounting to duress would involve ad hominem 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 obtain shares. The claimant made a purchase but sought a declar! ation 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, veritable(a) though he may have entered the contract without the threats cosmos 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 limit a estimable essay, order it on our website: OrderCustomPaper.com

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