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Critically evaluate whether duress and undue influence together constitute an appropriate law against unconscionable contracts. It is critical that you follow instruction as attached 1.The word limit is 3,000 words, +/- 10% inclusive of footnotes. Please note that the references/bibliography is not count towards the word limit so do not including references/bibliography in your final word count. 2.Where you quote directly or take ideas from something you have read you must reference these corr ...

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Introduction

A contract is the promise which two or more parties make to each other, for fulfilling the obligations covered under the contract. However, there are times where the contract which has been formed, becomes void, unenforceable or voidable, owing to certain situations being present. One of such instances, where these results can be attained, is unconscionable contract. Unconscionable contract or unconscionability under the English law denotes the dominating party under the contract, exploiting the weaker party, based on their special disability[1]. This is the reason why inequality of bargaining power is also used as a term to refer to unconscionable contracts. The unconscionable contracts can further be classified in undue influence and duress. Where such happens, that consent to the contract is undertaken based on undue influence or duress, the court stops the enforcement of such contracts. Where any money or goods are transferred as a result of such conduct, the same can be claimed back[2].

The law places limitations on the exercising of the economic power by the contracting parties. Traditionally, this has been covered under the doctrine of undue influence and duress, but in the recent years, attempts have been made to introduce it in the common law as a doctrine of bargaining power.



[1] Larry A. DiMatteo and ‎Martin Hogg, Comparative Contract Law: British and American Perspectives (Oxford University Press 2016)

[2] Mel Kenny, ‎James Devenney and ‎Lorna Fox O'Mahony, Unconscionability in European Private Financial Transactions: Protecting the Vulnerable (Cambridge University Press 2010)

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