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Lawful-economic-duress-and-reasonableness-Chris-Edwards.pdf
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🔗 Source: 3pb.co.uk
📊 Size: 276 KB
👤 Author: Lisa Wilson
⬇️ Downloads: 71

Summary

The Court of Appeal ruled that a contract cannot be avoided due to economic duress if the party making the demand does so in good faith, even if the demand is unreasonable. The court held that lawful acts cannot cause duress unless they are used in pursuit of a demand that the demanding party is making in bad faith. This decision clarifies the test for economic duress, keeping it subjective and refraining from importing an objective element of reasonableness. The court prioritized contractual freedom between parties over wider court oversight, following a trend in higher courts to prioritize certainty and freedom of contract.

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The Court of Appeal ruled that a contract cannot be avoided due to economic duress if the party making the demand does so in good faith, even if the demand is...

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  • File Format: PDF
  • File Size: 276 KB
  • Pages: 3
  • Language: EN
  • Author: Lisa Wilson
  • Total Downloads: 71
  • Last Updated: 4 days ago

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