ABSTRACT
One feature makes relief under this head a good deal simpler than for mistake. In mistake, the person seeking to impugn a contract faces a much higher threshold than someone merely seeking to recover a non-contractual benefit.2 In duress, by contrast, it is invariably assumed that there is no difference between the degree of duress (or other exploitation) necessary to attack a contract and that required to trigger restitution for a non-contractual benefit.3 It follows that benefits rendered pursuant to a contract fall to be treated in virtually the same way as those provided where there is no contractual relation between the parties.
