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IS there duress? Is the contract voidable?, which case of duress?, was…
IS there duress?
Is the contract voidable?
what type
of duress
Duress to person
threaten to kill
Duress of good
threaten to detain other's good
e.g. deprive people of property
Economic Duress
person with a stronger economic
power exert pressure on the weaker
party to lose commercially
which case of duress?
to the person
to the property
to economic interests
was the 3 factors satisfied?
is the pressure
illegitimate
was there an
unlawful threat?
XX threatens to breach the contract
close to the deadline in order to
reap extra profits
was there a
lawful threat?
reasonable
used to enforce legal rights
no manifestly frivolous or vexatious
unreasonable
blackmail
E.g. demand for money
Was it in good faith?
not in good faith
illegitimate pressure
XX was looking at
exploiting the situation when
he made the threat
in good faith
absence of bad faith
= threat is not illegitimate
was there sufficient
pressure
did the person protest?
were there any realistic alternative courses open?
did the person seek independent legal advice?
did the person take steps to avoid the
contract after entering into it?
did the victim fail to protest only
because he may find protesting futile?
did the illegitimate pressure
cause the contract?
if not for the pressure,
will the contract be made?