Duress, Undue Influence and Unconscionable Dealing

Duress, undue influence, and unconscionable dealing are grounds to set aside a contract. Professor Enonchong provides a detailed analysis of when an otherwise valid transaction can be avoided on these grounds.

Format: Hardback
Publication date: 24 May 2023
Publisher: Sweet & Maxwell Ltd

Duress, undue influence, and unconscionable dealing are grounds on which a contract may be set aside if the claimant was induced to enter into it by means that the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances in which an otherwise valid transaction may be avoided on each of these grounds.

Duress refers to a situation where a person is forced to enter into a contract against their will or without their free consent. It can take many forms, such as physical force, threats of harm, or psychological pressure. If a party to a contract is under duress, they may be able to set aside the contract as being invalid.

Undue influence refers to the manipulation or coercion of a person into entering into a contract. It can be exerted by someone who has a significant advantage over the other party, such as a parent or employer. If a party to a contract is under undue influence, they may be able to set aside the contract as being invalid.

Unconscionable dealing refers to a contract that is so one-sided or unfair that it would be unconscionable for a reasonable person to enter into it. It can involve a gross disparity in the bargaining power between the parties or a lack of disclosure of important information. If a party to a contract is under unconscionable dealing, they may be able to set aside the contract as being invalid.

Professor Enonchong's analysis of these grounds is thorough and comprehensive. He examines the various legal tests that courts use to determine whether duress, undue influence, or unconscionable dealing has occurred. He also provides examples of cases where each of these grounds has been successfully invoked to set aside a contract.

One of the key aspects of Professor Enonchong's analysis is his recognition of the importance of free will and consent in the formation of contracts. He argues that contracts should only be valid if both parties have entered into them voluntarily and with full knowledge of the terms and conditions. He also emphasizes the need for parties to be treated fairly and honestly throughout the negotiation process.

Overall, Professor Enonchong's analysis of duress, undue influence, and unconscionable dealing is a valuable resource for anyone interested in contract law. It provides a clear and detailed understanding of the circumstances in which a contract may be set aside and offers practical guidance for parties seeking to avoid or defend against these grounds.

ISBN-13: 9780414110557
Edition number: 4 ed