ABSTRACT

Duress and undue influence Where a party has not entered into a contract voluntarily, the contract may be voidable due to duress or undue infl uence. The common law doctrine of duress will operate when a party has entered into a contract as a result of illegitimate pressure. The equitable doctrine of undue infl uence will be found when a party has entered into a contract as a result of excessive pressure or coercion. To understand this area of law fully, an analysis of the factors recognised by the courts as constituting vitiating factors under the two doctrines needs to be undertaken.