- Dedication
- Preface and Acknowledgements
- Guided Tour of the Online Resources
- Table of Cases
- Table of Legislation
- 1. Introduction and fundamental themes
- 2. Objectivity in contract law
- 3. Formation of bilateral contracts
- 4. Formation of unilateral contracts
- 5. Contract as an agreement
- 6. Identity of offeror and offeree
- 7. Consideration and promissory estoppel
- 8. Intention to create legal relations
- 9. Contracts requiring writing
- 10. Third parties
- 11. Identifying the terms of a contract
- 12. Interpretation
- 13. Implication
- 14. Rectification
- 15. The control of exclusion clauses and unfair terms
- 16. Misrepresentation
- 17. Duress
- 18. Undue influence
- 19. Unconscionable bargains and inequality of bargaining power
- 20. Good faith
- 21. Capacity
- 22. Illegality and restraint of trade
- 23. Common mistake: contracts void for failure of a basic contractual assumption
- 24. Frustration: contracts discharged for failure of a basic contractual assumption
- 25. Conditions, warranties, and innominate terms
- 26. Anticipatory breach of contract
- 27. Compensatory damages
- 28. Agreed remedies
- 29. Remedies beyond compensatory damages
- Glossary
- Index
(p. 254) 17. Duress
- Chapter:
- (p. 254) 17. Duress
- Author(s):
Paul S. Davies
- DOI:
- 10.1093/he/9780198807810.003.0017
Duress occurs when B exerts illegitimate pressure upon A to enter into a contract, leaving A with no reasonable practical alternative but to enter into that contract. Duress is founded upon a threat made by B to A, but there is no tort of duress. However, duress will render a contract voidable. This chapter considers the two principal forms of duress. The first is physical act duress, where A’s physical integrity is threatened. The second is economic duress, where A’s economic interests are threatened. Particularly in the context of economic duress, it is important that the threats caused A to enter into the agreement, and that A had no reasonable alternative but to succumb to the threat. As a general rule, any threatened breach of contract can constitute illegitimate pressure. In some instances, even a threat to carry out a lawful act may ground a claim in duress.
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- Dedication
- Preface and Acknowledgements
- Guided Tour of the Online Resources
- Table of Cases
- Table of Legislation
- 1. Introduction and fundamental themes
- 2. Objectivity in contract law
- 3. Formation of bilateral contracts
- 4. Formation of unilateral contracts
- 5. Contract as an agreement
- 6. Identity of offeror and offeree
- 7. Consideration and promissory estoppel
- 8. Intention to create legal relations
- 9. Contracts requiring writing
- 10. Third parties
- 11. Identifying the terms of a contract
- 12. Interpretation
- 13. Implication
- 14. Rectification
- 15. The control of exclusion clauses and unfair terms
- 16. Misrepresentation
- 17. Duress
- 18. Undue influence
- 19. Unconscionable bargains and inequality of bargaining power
- 20. Good faith
- 21. Capacity
- 22. Illegality and restraint of trade
- 23. Common mistake: contracts void for failure of a basic contractual assumption
- 24. Frustration: contracts discharged for failure of a basic contractual assumption
- 25. Conditions, warranties, and innominate terms
- 26. Anticipatory breach of contract
- 27. Compensatory damages
- 28. Agreed remedies
- 29. Remedies beyond compensatory damages
- Glossary
- Index