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Courts will refuse to enforce a contract, which has come into existence whereby an individual has been induced to enter into it by means of pressure brought to bear upon them, so as to influence their own independent judgement.
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"What be I to do? How can I help myself?" You see these men will have their money"1 Courts will refuse to enforce a contract, which has come into existence whereby an individual has been induced to enter into it by means of pressure brought to bear upon them, so as to influence their own independent judgement. For quite some time the only tool the courts had to deal with these instances was the common law concept of duress, which was based upon threats made to a contracting party. Treitel more admirably than many other authors explains to us the development of duress from the original, narrow and restrictive definition at common law towards the person, to a more equitable position2. This was indeed necessary as it is widely recognised that it is the more "subtle and insidious forms of pressure"3 that exist in our modern climate. And so like many...
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