LAWS104 Lecture Notes - Lecture 7: Undue Influence, Unconscionability, Cash Flow

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAWS104
• Professor: Ilija Vickovich

Document Summary

Looks at ways in which validly formed contracts could be set aside where someone"s inability could be exploited for the benefit of another party. Vitiating factors that involve lack of consent and lack of free will. Misrepresentation because the contract wasn"t entered into freely. Any force or violence or threat will mean that the contract has been entered into without free will or consent. Duress is pressure or coercion by one party over the other, however, how much pressure is required before. Case law says that the pressure must be significant enough to be labelled illegitimate pressure". Duress doesn"t require that a person will is totally overcome, usually a party that is under pressure or duress, knowingly chooses to submit the alternative course. Duress requires proof of illegitimate pressure; unlawful threats, unlawful coercion, absence of a lawful basis. Once you prove the illegitimate pressure, then the onus of proof shift to the defendant.