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Equitable Grounds for Non-Enforcement of Contracts: Duress and Undue Influence

Learn about the legal grounds for invalidating contracts on the basis of duress and undue influence, exploring the impact of threats, economic duress, and improper persuasion tactics on contract enforceability.

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Equitable Grounds for Non-Enforcement of Contracts: Duress and Undue Influence

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Presentation Transcript

  1. Contracts Fall 2008 Class 21

  2. Equitable Grounds not to enforce a contract • A.1: problems with the Parties: • minority and incapacity • A. 2.a Problems with the Process • Duress and Undue Influence • Misrepresentation

  3. Duress • Old rule: Threat to person • New Rule • Economic duress suffices • Wrongful (some courts: illegal) threat by person imposing duress • Many courts: circumstances giving rise to duress caused by person making the threat • No reasonable alternative • contract actually induced by threat

  4. Duress • Threat to person: K is void. • Economic duress: K is voidable

  5. Undue Influence: some factors • Discussion of transaction at unusual or inappropriate time • Consummation of transaction in unusual place • Insistent demands that the business be finished at once • Extreme emphasis on untoward consequences of delay

  6. Undue Influence: Some Factors • The use of multiple persuaders by the dominant side against a single servient party • Absence of third-party advisors to servient party • Statements that there is no time to consult financial advisers or attorneys

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