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DURESS & UNDUE INFLUENCE - Coggle Diagram
DURESS & UNDUE INFLUENCE
duress - occurs when 1 party exerts improper pressure on another party and that party feels they have no choice but to enter agreements/transaction
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ECONOMIC DURESS
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example - party to existing contract threatens to breach contract unless other party will agree to new contract on better terms
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UNDUE INFLUENCE = based on some relationship between the parties existing before the particular transaction
basis is not wrongful act by the party with the influence , but rather the prevention of influence being abused
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third party situations
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Banks "put on inquiry" in every case where the relationship between guarantor and debtor is non commercial
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