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The law of contract
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LLB Year 1/ BATL Year 1 The law of contract recognises that an agreement is dependent on consent and this, therefore, implies that an agreement obtained by threats or undue persuasion will be insufficient. Many contracts in practise involve a degree of 'arm twisting' and this raises the question as to what level of pressure is acceptable to exert over another contracting party? This problem is dealt with by the common law doctrine of duress and the equitable doctrine of undue influence. The courts have developed these doctrines over a long period of time and since the Judicature Act 1873 it has been the duty of all courts to administer both doctrines concurrently. Both common law and equity agree that a party cannot be held to a contract unless he is a 'free agent'. A party who is subject to duress or undue influence is said to have had his will...
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