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(p. 321) 8. Duress 

(p. 321) 8. Duress
Chapter:
(p. 321) 8. Duress
Author(s):

Mindy Chen-Wishart

DOI:
10.1093/he/9780198806356.003.0008
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date: 23 August 2019

Contract law has always imposed limits on the permissible means used to persuade another to enter into a contract. The doctrine of duress allows a complainant to set aside the contract if these limits are exceeded. This chapter addresses the following questions: (1) What is the justification for the duress doctrine? (2) What must be proved for duress? (3) What sorts of pressures are regarded as illegitimate by the law? (4) How much pressure must the illegitimate threat exert on the other party? (5) Is the current law on duress satisfactory? If not, how might it be developed in the future? (6) What protection do consumers have against aggressive commercial practices?

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