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Contract Law

Contract Law (7th edn)

Mindy Chen-Wishart
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date: 16 June 2024

p. 3358. Duresslocked

p. 3358. Duresslocked

  • Mindy Chen-WishartMindy Chen-WishartDean and Professor in the Law of Contract, Oxford University Law Faculty, Fellow of Merton College, Oxford, and Professor of Law (fractional), National University of Singapore

Abstract

The doctrine of duress allows a complainant to set aside the contract if the other party exerted illegitimate pressure on her to enter the contract. This chapter discusses: (1) the justification for the duress doctrine; (2) the elements that must be proved for duress to the person, to property, economic duress, and lawful act duress; (3) the sorts of pressures regarded as illegitimate by the law; (4) the necessary effect of the illegitimate threat on the other party; (5) whether the current law on duress is satisfactory, and if not, how it might be developed in the future; and (6) the protection of consumers against aggressive commercial practices.

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