Contract Law: The Doctrine of Duress, Its Evolution and Application
VerifiedAdded on 2020/01/16
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Essay
AI Summary
This essay provides an in-depth analysis of the doctrine of duress in contract law. It explores the concept of duress as undue influence or pressure in contractual relationships, examining its evolution from common law to include economic duress, duress to person, and duress to goods. The essay discusses key cases like Maskell v. Horner, Barton v. Armstrong, and North Ocean Shipping Company Limited v. Hyundai Construction Co. Ltd., highlighting how courts have addressed the issue of free consent and its impact on contract validity. It also differentiates between various forms of duress, including duress to person, duress to goods, and economic duress, and their implications on the freedom to contract. The essay concludes by emphasizing the rational foundation of the doctrine of duress in safeguarding the rights of individuals forced into contractual agreements, ensuring fairness and justice within the legal framework.