Abstract

At common law, the law has always recognized that a contract must be entered into voluntarily and that a person who entered into a contract as a result of threats against the person would not be bound by the contract. The concept of economic duress is of recent origin where the courts have started to acknowledge that threats against goods can be just as compelling as threats against the person. Alongside, to redress the narrow doctrine of duress at law, the equitable doctrine of undue influence was developed. However, both duress and undue influence still remain unclear and unresolved and a clearer exposition of the principles governing these two doctrines is needed. This project will critically examine the doctrines of duress and undue influence.

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