5.3.1 Duress and Undue Influence – Introduction
Welcome to the fifth lesson of this module guide – duress and undue influence! These doctrines both provide a means for an individual to avoid an already concluded contract. These doctrines operate where the individual has been forced or coerced into a contract by threats, unfair pressures or unreasonable influences. The effect of these doctrines on a contract is that it makes the contract voidable at the request of the aggrieved party.
The chapter begins with an examination of the doctrines of duress and undue influence, taking each in turn. The different types of duress are considered, as well as the requirements for it to be present. Following these, the types of undue influence are outlined and the evidential burdens established. Finally, the different relationships that may constitute presumed undue influence are discussed.
Below are some goals and objectives for you to refer to after learning this section.
Goals for this section
- To understand the effects of duress and undue influence
- To be able to distinguish between duress and undue influence
- To be able to define duress and undue influence
Objectives for this section
- To understand the need for duress and undue influence within the contract
- To understand the evidential burdens of each
- To be able to differentiate between the types of undue influence and duress
- To understand and be able to apply the evidential burdens to scenarios
- To understand the different relationships under presumed undue influence
Start the Lecture
We have three lengths of lecture to suit varying study needs. Select one of the options below to get started (if you have already chosen a study level you will see the option highlighted in violet):
Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below: