Duress Flashcards

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1
Q

What is duress?

A

Illegitimate threats or pressure in the form of violence that coerces a party into entering a contract

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2
Q

What proof is needed for duress?

A

Have to prove that duress was one reason for entering the contract, it does not have to be the only reason

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3
Q

What is economic duress?

A

This type of duress is most likely to occur and the threat must be an illegitimate one, like a threat to breach contract

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4
Q

What are the ingredients of duress?

A

Must be pressure whose practical effect is that there is a lack of choice for the victim

Pressure which is illegitimate and significant cause of inducement

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5
Q

What is the effect of duress?

A

To make the contract voidable

To allow the innocent party to rescind or affirm contract

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