Duress And Undue Influence Essay
Duress and Undue Influence: Its Impact on Contract
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Introduction
One of the conditions of the contract to be valid is that it must be entered freely by both parties and must include a mutual assent. There are times that mutual assent is affected either by pressure and coercion to force the other to enter the contract. Duress and undue influence are situations that can affect mutual assent and can make a contract void or voidable. Both duress and undue influence are two terms that are used by lawyers these days. Undue influence is the use of means that are not justified to secure a position or power in a contract against the other party. Duress is a term that means a situation where a person do an act under the threat of violence and other pressure that may be considered unjust (Differencebetween.com, 2011). There are times that the difference between these two terms seems blurred thus this paper is meant to further explain duress and undue influence and its example and impact on the contract.
Definition of Duress
A contract cannot be enforced against a person or party. Duress is considered a defense to a contract. This is a wrongful pressure, which is exerted on a person in order to coerce that person to enter into a contract which a person a person would not want to enter. This involves an intentional use of force or threat in order to induce the contract to a person or party. This can either be physical or mental coercion, but this must be to the
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