A threatened to break a contract unless B agreed to a modification of it, which B did, before seeking a declaration that the modification of the contract was void under economic duress.
In this case the threat to breach was NOT economic duress because there was no contemporaneous evidence that the threat had actually put B under duress.
In determining whether there has been illegitimate pressure, threatened or actual breach of contract is only one of several factors e.g. good faith, realistic practical alternative for Defendant, protest by the victim, and whether Defendant sought to rely on or affirm the contract.
Had there been duress, he would have voided the contract.
Contract law notes fully updated for recent exams at Oxford and Cambrid...
A collection of the best GDL notes the director of Oxbridge Notes (an O...
A comprehensive guide to some of the key topics in the Restitution of U...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get StartedThese product samples contain the same concepts we cover in this case.
Contract Law | Duress Notes (9 pages) |
GDL Contract Law | Duress Notes (6 pages) |
Restitution of Unjust Enrichment | Duress Notes (7 pages) |
Contract Law | Duress Notes (8 pages) |
Contract Law | Duress Notes (12 pages) |