2023년 2월 8일 수요일

What are the types of duress under English contract law?

Under English contract law, duress can be divided into two types: physical duress and economic duress. Physical duress: Physical duress refers to a situation where one party to a contract is threatened with violence or other physical harm if they do not enter into the contract. Physical duress is a complete defense to a contract and makes it voidable. Economic duress: Economic duress occurs when one party is subjected to undue pressure or coercion to enter into a contract, and the pressure comes in the form of a threat to cause financial loss or other economic harm. Economic duress must be shown to be a result of an unlawful act, such as blackmail or extortion, in order to make the contract voidable. In both cases, the effect of duress on a contract under English law is that it makes the contract voidable, meaning it remains valid and binding unless and until one of the parties seeks to have it set aside. If set aside, the parties are placed in the position they would have been in if the contract had never been formed.

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