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Duress and the Voluntariness of Ordinary People English contract law has based its fundamental doctrine of existence on the idea of voluntariness and freedom of choice. A contract which lacks such choice is often said to be obtained by some form of duress. The only problem with this analogy is that, to some degree, most contracts are made under duress. Duress which is unavoidable. Firms often have a monopoly, like the utilities such as gas, electricity and water industries, where freedom of choice is non-existent. What distinguishes this from duress actionable by the courts is the courts interpretation of the legality of the duress.Duress that is illegal in the common law has evolved into three main areas in the last twenty years but for much of its previous existence was defined on very narrow lines. Duress of the person, a long established principle, involved either threats of or actual violence to...

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