BMLW5006 Contract Law: A Detailed Analysis of Duress & Influence

This essay provides a comprehensive analysis of duress and undue influence in contract law, exploring their historical context, legal definitions, and practical applications. It begins by defining duress and its various forms, including physical duress, threats, and economic duress, supported by relevant case laws such as Barton v Armstrong and Siboen & Sibotre. The discussion extends to undue influence, differentiating between actual and presumed influence, with reference to cases like O'Brien and Royal Bank of Scotland Vs Etridge. The essay emphasizes the significance of understanding the relationship between parties and the burden of proof in establishing undue influence. It concludes by highlighting the importance of these concepts in ensuring fairness and preventing exploitation within contractual agreements, noting how courts assess the legitimacy of pressure and protect vulnerable parties. This document is available on Desklib, a platform offering a wealth of study resources for students.

Duress and Undue Influence
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Contents
Introduction......................................................................................................................................3
Main body........................................................................................................................................3
Conclusion.......................................................................................................................................6
REFERENCES................................................................................................................................8
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Topic- Duress & Undue Influence
Introduction
Duress refers to the individual person, who will be forced to do something against his or her
will. At that time, a person can be said that have been shown as victim of duress- compulsion.
Usually, it can be divided into different types- physical Duress and duress by threat or risk.
It can be induced contract by physical violence between two parties. On the other hand,
undue influence as consider unfair persuasion. Undue restatement of contact section 177
(ALABDULQADER, 2018). It does not lie in any kind of mis-interpretation because it has been
occurred when a victim is under condition of domination of persuader or is one who can view a
relationship between parties. in this report, it will discuss about the court which will be
upholding the particular contracts which applicable in result of threat or risks. It will be
examined the level of pressure among different parties because of contract.
Main body
History of duress at common law including cases of physical duress
Duress is basically consider as common threat, violent and other action which is mainly
used to implement suitable action against illegal activities. this can possible by using contract
law (Faizal Kurniawan and Srihandayani, 2020). It may prefer to where one or more party uses
duress against other one. It means that consider a contract law which it either do not want, where
specific term and condition applied in contract law.
History of Duress – it was declared the specific common legislation, here are consider some
common example in different forms and discuss occurs in following manner.
 Duress by threat of violence- Barton v Armstrong 1976 AC 104
 Duress by threat of imprisonment- William v Batley 1886 HL 200
 Duress by developing a threatening situation- Antonia v Antonia EWHC 1199
Dress by threat of Violence-
This type of threat is related the self-explanatory. If one party can understand the
legislation and they are establishing a contract due to threat of violence. In some situation, it can
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be avoided in proper manner. Within duress by threat of violence, it should be considered the
some important requirements.
 Threat related to the nature which is not sufficient to large amount of duress.
 The significant effect of threat must have been focused and eliminate to claimant into
specific contract.
Economic Duress-
It can be defined threat or risk to an individual’s regarding financial interests. This is not
way to suggest or recommend as potential ground of duress. In this case, it will be applied as
Siboen & Sibotre 1976 (Moore, 2018). Typically, it will be applied the scenario of such kind of
duress such as:
 party 1 and party 2 are negotiated of particular contract.
 Part 2 feel threatens because of the breach in contract unless, it will be marked as re-
negotiated.
 Party A opt to find the requirement of re-negotiate the contract in favour of another party.
This is because of result or outcome.
In this condition, it may be finding the breach of contract by party 2 and also generated
unnecessary result or outcome in party 1. Another way, if party 2 breach of contract, party 1 will
is liable in context of any damages, if occurs.
The economic duress was developed in particular case of Pao on lau yiu long 1980 AC.
These are consider two set of requirements:-
 It will be represented as vitiate consent
 It will be consider as an illegitimate undue pressure of threat.
According to the first requirement, it is very important to find criticised the coercion of will that
vitiate as consent needs on the victim of duress. In this way, both parties are completely aware
about the certain actions. It can be identified the importance of criminal law whereas it should be
considered as party undue duress which does no consent. But it can do so many thing but without
consideration of alternative options.
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Moreover, the opportunity can be arises in DSND Subsea Limited v Petroleum Geo Services
ASA (2000). It can be examined the requirements:-
 Examine the pressure
 Identify the certain effect of pressure and consequences sue to lack of practical selection
for victim,
 Pressure will develop illegal actions
 Causes as claimant to enter specific contract
Undue influence
It refers to the undue influence which provide best remedy where establishing a contracts
that have been entered into improper pressure. Generally, it occurs because of the relationship
between two different parties (Ong, 2020). Different parties are exploited to gain more benefit or
advantage.
Undue influence is similar kind of approach to duress, but at certain point undur
influence has become consider equitable doctrine, which is always opposed to common
legislation.
According to the undue influence in O’Brien 1994 AC 180; it has been categorized into
different ways:-
Actual influence of undue
Presumed as undue influence which can be divided into protected relationship and other
cases.
In context of protected relationship, it is mainly defined as assumption as create or
develop a strong relationship. This is not only give a better rise in assumption, beliefs, and
values. In context of other cases, it can be influenced the relationship which are mainly pre-
assumed but it is not possible to done automatic ways.
On the basis of evidence, it has been explored the exact requirements of different kind of
undue influence. The primary importance of evidential burden should be covered full
understanding of doctrines, when it can go on explore them.
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In context of 2a relation, it is always tried to protected or secured relation. There is no
such kind of burden on the claimant which can prove a strong importance of pre-assumed
influence. Therefore, it is simply explore the particular nature between one or two parties’
relationships.
According to the royal bank of Scotland Vs Etridge, It was proven by claimant that there
are influence of undue nature, identify the pre-assumption entered into contract freely without
any influence. There is the most common ways to define the assumption and undertaken
independent suggestion or advice in regards of transaction. The courts concluded because of
independent suggestion, and also influence which would not be consider as an important factor.
In Some situation, it also receiving a better suggestion and gather many facts of each case will
need to be assessing.
Undue influence has become influence third party which will be confirmed and increases
claim for undue influence. As a result, it is representing the strong contract between one or more
parties (Zawideh, 2020). If in case, it may identify unfair situation within contracting parties, it
become obvious thing to applicable as claim for undue influence under specific circumstances.
Therefore, it may be increased the contracting more party knowledge. it is also exercising undue
influence on the claimant.
In Daniel v Drew 2005, this type of approach is related the court in which establish a
relation between categories of pre-assumed undue influence, which was confirmed in proper
manner. Etridge 2002, it was clarified the approach in context of presumed undue influence,
establishing a relationship between two parties that would provide as pre assumption of
influence.
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Conclusion
From above discussion, it has been summarised about the concept of Duress & Undue
Influence. These are consider an importance aspect which may represent the significant role of
Duress & undue influence within contract laws. As per analysis, it can be examined the History
of duress at common law including cases of physical duress, economic duress undue specific
circumstances. Moreover, It has focused on the undue influence in context to the relationship
between one or more parties. on the basis of case laws, it can be identified the presumed based
approach to find the unfair situation between two parties and their relationship.
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