Definitions

Question 1

Duress

Answer 1

Duress is where someone is directly or indirectly pressured to enter into an agreement where, had it not been for the existence of that pressure, they would not have entered into the agreement.

Question 1

Undue Influence

Answer 1

Undue influence is where someone enters into a contract as a result of being unduly influence, thus they were unable to make a decision for themselves. Undue influence is a relationship based doctrine.

Two types: actual exertion of power or presumed undue influence from a relationship based on trust and confidence.

Question 2

Unconscionable Bargaining

Answer 2

Unconscionable bargaining is where a party’s vulnerability is known and taken advantages of to enter into an unconscionable agreement.

Question 3

Non Est Factum

Answer 3

Non est factum is where someone signs something with an honest belief that it is one thing but is it actually something radically different.