Duress in UK Contract Law: Types, Requirements, Defenses, and Remedies, Exams of Contract Law

Download Duress in UK Contract Law: Types, Requirements, Defenses, and Remedies and more Exams Contract Law in PDF only on Docsity! CONTRACT LAW REVIEW NOTES DURESS 1. Duress refers to the use of force, threats, or undue influence to compel someone to enter into a contract against their will. B. Importance of Duress in Contract Law 1. Protects individuals from being unfairly coerced into agreements. 2. Ensures that contracts are entered into voluntarily and with full consent. II. Types of Duress in UK Contract Law A. Physical Duress 1. Involves the use of physical force or violence to force someone to enter into a contract. 2. Example: A car salesman physically threatens a customer to buy a car at an inflated price. B. Economic Duress 1. Occurs when one party exerts financial pressure on another to induce them to agree to a contract. 2. Example: A supplier threatens to cut off a retailer's only source of inventory unless they agree to unfavorable contract terms. C. Emotional Duress 1. Involves threats or intimidation that cause emotional distress and coerce someone into a contract. 2. Example: A landlord threatens to evict a tenant unless they sign a lease renewal with rent increase. III. Requirements for Duress in UK Contract Law A. Lack of Free Will 1. The threatened party must demonstrate that they had no meaningful choice but to enter into the contract. B. Illegitimate Pressure 1. The pressure exerted must be wrongful or unlawful. C. Causation 1. The duress must be the reason why the contract was entered into. D. Undue Influence 1. Duress is closely related to undue influence, but it involves direct threats or coercion. IV. Defenses to Duress in UK Contract Law A. Voluntary Performance 1. If the threatened party voluntarily performs under the contract, they may be deemed to have affirmed it. B. Ratification