Manifest disadvantage contract law

Duress and undue influence are about pressure , one party on another, in the contracting process and negotiation which "disturbs the balance of the negotiations"

Pressure is not necessarily a bad thing in negotiation – to an extent, it is an important part of negotiation

Some pressure is acceptable and some is not – if you have unacceptable pressure by one party on another party then there is a defence

Origin of duress and undue influence: duress is the common law response to pressure in the contractual process and undue influence is the equity court response to pressure in the contractual process

Previously the common law court took quite a narrow view about what was unacceptable, but the court of equity took a more expansive approach on the meaning of unacceptable pressure

Today all courts are courts of common law and equity so the sensible thing would have been to merge the 2 doctrines, but for historical reasons they did not do this and they are dealt with separately

Duress

Introduction

Duress is a defence in contract and IF duress is present in the contractual process the contract is voidable , allowing the innocent party to set aside the contract

What is duress? Traditionally there were 2 main requirements: