chapter 5 - duress

Question 1

What is duress?

Answer 1

One party coercing another party into a contract

Question 2

Is a contract under duress valid?

Answer 2

No, it is voidable. Wrong party may be able to take action.

Question 3

What action can the wronged party take for a contract under duress?

Answer 3

May be able to take action to set aside or return parties to position before contract was entered into

Question 4

What are the types of duress?

Answer 4

• duress to person
• duress to property
• economic duress

Question 5

What is duress to person?

Answer 5

Actual or threatened violence to the person
- burden of proof to prove on violent party

Question 6

What is duress to goods?

Answer 6

A threat to seize owners property or to damage it
- one factor but not decisive factor to prove
- but for test

Question 7

What is economic duress?

Answer 7

Lack of practical choice to the victim , caused by illegitimate pressure which is a significant cause for claimant entering the contract
- but for test

Question 8

What is the legal effect of duress and the remedy?

Answer 8

Legal effect is that it is voidable and remedy is rescission
= returning parties to their pre-contractual position