Question: ‘The current law of duress and undue influence is so unclear that it creates chaos rather than uncertainty in the law.’ Discuss.
Answer: The area of law concerning defective contracts tainted by duress or undue influence has been created in order to protect those people that enter into a contract which involves high degrees of risks and which has been entered in disadvantageous circumstances. English law does not normally concern itself with the fairness of a bargain but it does recognise that it needs to intervene in some circumstances. Cases based on duress and undue influence are exceptional. It is true that the law in this area is unclear but in order to discuss its effectiveness it is necessary to weigh up both its merits and weaknesses. It will then be possible to decide whether this area of law is chaotic rather than uncertain....(short extract)
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- Subject: Law
- Course: Jurisprudence
- Level: Degree
- Year: 2nd/3rd
- Mark: 66%
- Words: 2227
- Date submitted: February 10, 2009
- Date written: Not available
- References: No
- Document type: Essay*
- Essay ID: 703
