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Contract Law Seminar Essay 2 The doctrine of duress was adopted as duress to the person by the courts in the nineteenth century, these cases involve contracts agreed to due to an act of violence or threat of violence, the act must be illegal i.e. amount to a tort or a crime. This idea was first introduced in Williams v Bayley1, however the main authority in this area is Barton v Armstrong2, it was decided that the effect if duress was to render a contract voidable. For many years it was seen that only duress to the person could be considered enough to make a contract voidable as shown in Skeate v Beale3, this was much criticised and in 1915 in Maskell v Horner4 it was held that money paid to recover goods unlawfully held can be recovered through restitution. Further evidence for this can be found in Lord Goff's speech in...

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