ABSTRACT

This introduction presents an overview of key concepts discussed in the subsequent chapters of this book. The book aims to produce the best account of the law of duress and necessity in crime, tort and contract, in terms of theory, and consistency with the case law. The language of duress and necessity is found in crime, tort and contract. The book explores those pleas, in both case law and theory, across the subject boundaries, and across jurisdictions. In doing so, it seeks to identify the lessons which each area of law can learn from the others, and to tease out common themes while demarcating important differences. In contract law, English cases refer to Australian and New Zealand and Hong Kong cases; Australian law discusses English law; New Zealand law cites English and Australian law; Canadian law considers English and Australian law; and Hong Kong law discusses English and Australian law.