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Duress, Remedy for Duress & Undue Influence, 2 Types of Pressures into…
Duress
Elements of Duress
(a) Physical violence or threat of violence or unlawful pressure by one party on the other of the contract
(b) As a result of such violence, threat of violence or unlawful pressure, the will of the victim is no longer freely exercised and he gives his consent to the contract only because of the duress
Meaning
- Where a person is forced to enter into a contract by actual or threatened physical violence to himself or a family member or his property
Effect of Duress
- The contract is voidable at the option of the person who contracted under duress. He can choose to set the contract aside OR he can choose to continue with the contract after the duress ends
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Undue Influence
Meaning
More subtle type of pressure than duress and usually occurs where a party is INDUCED (NOT FORCED) to make a contract under some kind of influence which prevents him from exercising his own independent judgment
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