ABSTRACT
The area of duress is aimed at agreements that have been concluded under some form of coercion. Three key elements exist for duress to be established. Firstly, there has to be some form of pressure or threat that is exerted by one party on the other. Secondly, that pressure or threat must be illegitimate. Thirdly, that illegitimate pressure or threat must have resulted in the decision to enter into a contractual agreement '. Duress and undue influence can have a significant effect upon a contractual agreement because of the fact that it renders a contract voidable at the discretion of the victim if proved. Duress and undue influence are considered 'vitiating factors' because arguably they interfere with the ability of a person to freely and willingly enter into a contract. Duress is available at common law, whereas undue influence is an equitable doctrine, to be applied at the discretion of the court where appropriate.
