ABSTRACT

This chapter is concerned with the law of duress, which governs situations where one party has been induced to enter into a contract as a result of illegitimate pressure of some kind. Historically, the law of duress was restricted to pressure in the form of threats of violence or some threats to goods. The difficulty lies in establishing what constitutes a 'vitiation of consent' and what amounts to 'illegitimate pressure'. Actual or threatened violence to the person is the most obvious form of duress. The scope of common law duress was very limited and at a comparatively early date equity began to grant relief in cases where the disposition in question had been procured by the exercise of pressure which the Chancellor considered to be illegitimate although it did not amount to common law duress.