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'The current law of Duress and Undue influence is so unclear that it creates chaos rather than certainty in the law' Discuss.
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| Submitted: Mon Jun 19 2006
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'The current law of Duress and Undue influence is so unclear that it creates chaos rather than certainty in the law' Discuss. If a contract is entered into under duress or undue influence this could be used to make the contract defective. However duress and undue influence are only normally allowed in exceptional cases. For example if a person knows the terms of the contract they are entering into, they enter into the contract with their eyes open and receive independent advise than they won't be able to get out of the contract. However the law on duress and undue influence is not this simple, as there seems to be little or no certainty in this area of law, the legal principles which have been established seem vague and many similar cases have conflicting decisions as the courts seem to apply the law flexibly. Through explaining this area of law illustrating the...
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