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"The current law of duress and undue influence is so unclear that it creates chaos, rather that certainty in the law" Discuss.
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Contract Essay - Spring Term: "The current law of duress and undue influence is so unclear that it creates chaos, rather that certainty in the law" Discuss. The purpose of this essay is to examine a number of cases concerning duress and undue influence and to decide to what extent the above quotation is correct and true of decided cases. Duress shall be examined first in relation to the quotation and then finally undue influence. Duress can be defined as 'Pressure, especially actual or threatened physical force, put on a person to act in a particular way. Acts carried out under duress usually have no legal effect; for example, a contract obtained by duress is voidable' (Oxford Dictionary of Law, New Edition). Economic duress involves a party to contract experiencing pressure from the other so as to change the terms of the contract, to renegotiate its terms, to suit the other party. Conversely,...
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