Duress and Undue Influenc Advice Online

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Duress and Undue Influenc Explained

A party to a contract, may have entered into that contract, as the result of some improper pressure exerted by one party over another. The problem is dealt with by the common law doctrine of duress and the equitable doctrine of undue influence.

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Sample Questions

  • “…I own a small window cleaning business… recently I tendered a bid for a contract to clean the windows of a large office block… this contract would greatly improve my business… the building supervisor  called me to discuss as he put it “terms”…I was offered the contract on the condition I signed a contract naming him my partner in the business… this I did…I realise it was my choice to do this but still feel very bitter over the fact I must pay this man a percentage of the business earnings…do I have any options…”

     

  • “… my  former husband and I jointly own our home… unknown to me my husbands business was in real financial difficulties… he approached the bank for a loan and asked me to accompany him to see the bank manager…this I was happy to do as I thought it would be seen as a wife being supportive of her husband…when we were in the managers office I was surprised to find there were documents for me to sign… I was reluctant but felt compelled to go along with the assurances of my husband and the bank manager…the loan was secured against our home…now my husbands business has failed and the bank is threatening to repossess the house… I never would have agreed to this if I thought this could happen…”

     

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