Contract Law- Vitiating Factors

Question 1

Principal of Autonomy

Answer 1

bargains should be entered into freely

Question 2

Duress

Answer 2

a situation where one makes unlawful threats or engages in coercive behaviour that causes another to commit acts they otherwise would not

Question 3

when is duress invoked

Answer 3

when a party claims he was forced into entering or modifying the terms of a contract

Question 4

Actual undue influence
and case’s (3) and describe

Answer 4

when one party is considered to have applied direct pressure on the other
-CIBC Mortgages v. Pitt
-O’Flanagan v. Ray-Ger
-Bank of Scotland v. Bennet

Question 5

presumed undue influence 2 types

Answer 5

a) when the relationship between parties raises the assumption

b) where the facts of a case raise the presumption

Question 6

when the facts of the case raise the presumption

Answer 6

the relationship doesnt fall into