- Preface
- Table of Statutes
- Table of Statutory Instruments
- Table of European Union Legislation
- Table of International and Other National Legislation and Restatements
- Table of Cases
- Some Abbreviations Used in Reference
- 1. Introduction
- Part 1 Formation of Contract
- 2. The Agreement
- 3. Form
- 4. Consideration and Promissory Estoppel
- Part 2 Contents of the Contract
- 5. The Terms of the Contract
- 6. Exemption Clauses and Unfair Terms
- Part 3 Factors Tending to Defeat Contractual Liability
- 7. Incapacity
- 8. Mistake
- 9. Misrepresentation and Non-Disclosure
- 10. Duress, Undue Influence, and Unconscionable Bargains
- 11. Illegality
- Part 4 Performance and Discharge
- 12. Performance
- 13. Discharge by Agreement
- 14. Discharge by Frustration
- 15. Discharge by Breach
- 16. Discharge by Operation of Law
- Part 5 Remedies for Breach of Contract
- 17. Damages
- 18. Specific Remedies
- 19. Restitutionary Awards
- 20. Limitation of Actions
- Part 6 Limits of the Contractual Obligation
- 21. Third Parties
- 22. Assignment
- 23. Agency
- Index
(p. 374) 10. Duress, Undue Influence, and Unconscionable Bargains
- Chapter:
- (p. 374) 10. Duress, Undue Influence, and Unconscionable Bargains
- Author(s):
Jack Beatson
, Andrew Burrows
, and John Cartwright
- DOI:
- 10.1093/he/9780198734789.003.0010
This chapter discusses the nature and operation of duress, undue influence, and unconscionable bargains. Duress and undue influence occur where one party to a contract has coerced the other or exercised such domination that the other’s independence of decision was substantially undermined. In the limited category of cases in which the doctrine of unconscionable bargains operates, it is necessary to show not only that the process by which the contract was made was unfair but that there is contractual imbalance, i.e., the doctrine extends to the actual substance of the contract and the fairness of its terms. Conduct which constitutes duress or undue influence by a trader against a consumer may also constitute a ‘prohibited practice’ under the Consumer Protection from Unfair Trading Regulations 2008, which will give the consumer ‘rights to redress’ under the Regulations.
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- Preface
- Table of Statutes
- Table of Statutory Instruments
- Table of European Union Legislation
- Table of International and Other National Legislation and Restatements
- Table of Cases
- Some Abbreviations Used in Reference
- 1. Introduction
- Part 1 Formation of Contract
- 2. The Agreement
- 3. Form
- 4. Consideration and Promissory Estoppel
- Part 2 Contents of the Contract
- 5. The Terms of the Contract
- 6. Exemption Clauses and Unfair Terms
- Part 3 Factors Tending to Defeat Contractual Liability
- 7. Incapacity
- 8. Mistake
- 9. Misrepresentation and Non-Disclosure
- 10. Duress, Undue Influence, and Unconscionable Bargains
- 11. Illegality
- Part 4 Performance and Discharge
- 12. Performance
- 13. Discharge by Agreement
- 14. Discharge by Frustration
- 15. Discharge by Breach
- 16. Discharge by Operation of Law
- Part 5 Remedies for Breach of Contract
- 17. Damages
- 18. Specific Remedies
- 19. Restitutionary Awards
- 20. Limitation of Actions
- Part 6 Limits of the Contractual Obligation
- 21. Third Parties
- 22. Assignment
- 23. Agency
- Index