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Part II Grounds, 6 Duress and Undue Influence

Dominic O’Sullivan

From: The Law of Rescission (3rd Edition)

Dominic O'Sullivan KC, Steven Elliott KC, Rafal Zakrzewski

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Illegality and contract — Termination/unwinding of contract — Validity of contract

This chapter focuses on contract-related duress and improper influence. When a party's assent has been compromised by coercion or other forms of pressure, a contract may be revoked under the circumstances of duress and undue influence. The chapter details the distinctions between the two grounds for rescission: duress refers to the specific concept formed by common law courts regarding threats and demands, whereas undue influence abides by the general doctrine developed by the courts of Chancery concerning subtle influences. Cases involving duress or undue influence, however, do not necessarily mean the criminal was absolved of their legal obligations. Along with rescission, compensation is also available.

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