lecture 9 Flashcards
duress
pressure was exerted on contracting party
pressure was illegitimate
induced claimant to enter contract
had no practical alternative but to comply
protested at the time or shortly after contract was made
remedies for duress
contract voidable and remedy that the innocent party has is to set the contract aside by rescission
subject to same bars as for misrep
undue influence
equitable doctrine, applies where one party uses their influence over the other to persuade them to make a contract
Actual undue influence
dominant party had and exercised ability to influence other party
influence was undue, and induced other party to enter contract
presumed undue influence
where there is a pre-existing relationship between parties in a contract, one places trust in the other (fiduciary relationship)
remedies for undue influence
contract voidable
damages not available
4 ways of discharge of contract
performance
agreement
frustration
breach
Cutter v Powell
C agreed to serve on ship, died before end of contract. Widow entitled to no money, as contract not complete
Hoenig v Isaacs
H agreed to decorate flat for 750, defects cost 56, this is minor change of contract, so is substantial performance.
severable contracts
when payments come in parts, due at different stages of the contract
voluntary acceptance of partial performance
must be freely accepted, the party making the promise must have genuine choice in order for the contract to be discharged
Sumpter v Hedges
Builder contracted with the defendant to build 2 houses for 565.
completed 333 worth then abandoned
the defendant finished work himself
voluntary acceptance of partial performance
Prevention of performance by the other party
where one party performs part of the agreed obligation and is then prevented from completing the rest by some fault of the other party
Planche v Colburn
P agreed to write a book for a fee of 100, but the series was cancelled before completion
bilateral discharge
both parties receive a benefit from the discharge
