ABSTRACT
This chapter is concerned with situ ations in which an agree ment which appears to be valid on its face is chal lenged because it is alleged that it is the product of improper pres sure of some kind. This may take the form of threats of phys ical coer cion or ‘economic’ threats (such as to break a contract), which place pres sure on the other party. It seems that expli cit threats are needed. Suppose, for example, that a woman has been beaten by her husband in the past, and is then asked by him to sell him her share in the matri mo nial home at a gross under value. She agrees through fear of what he might do to her, even though he has made no threat to her on this occa sion. It seems that this situ ation cannot be treated as duress, because the threat is implied, rather than expli cit.1 English courts would deal with
such a situ ation under the closely related, but concep tu ally distinct,2 category of ‘undue influ ence’. This basis for setting aside contracts is dealt with in Chapter 11.
