ABSTRACT
This chapter deals with the position where one party alleges that he or she entered into the contract as a result of threats made, or pressure applied, by the other party. The cases that have subsequently developed and applied the concept of economic duress have often been concerned with industrial action. The examples of duress so far considered have all involved an act that is in some respects a breach of law. It involves a crime, or a tort, or a breach of contract. The remedy that the victim of duress will be seeking is to escape from the agreement that has resulted from the duress – in other words, rescission. Duress involves a threat towards or pressure upon another person, which induces that person to enter into a contract. The remedy for duress is rescission of the contract. This may be granted even if the victim of the duress cannot make precise restitution.
