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Contract Law

January 9, 2024

Developments in the law relating to Duress – what is illegitimate commercial pressure?

Duress is based on illegitimate commercial pressure that is found to exist after an assessment of the nature of the pressure used and the nature of the demand which the pressure is used to support. The doctrine of duress has developed as a ground for rescinding a contract and for claiming restitution based on unjust enrichment. It is undecided whether duress is a tort¹.