C/L/55. To what extent is it true to say that it is difficult to decide when business pressure and persuasion stops being legitimate and becomes duress or undue influence? Discuss with reference to the relevant case law.
(2005, 1300 words)
This work defines and outlines requirements that have to be satisfied in order to establish duress or undue influence. All relevant and resent case law is presented and examined to a relative degree; concentrating on some cases where some of the requirements had been clarified making it easier to establish and prove duress or undue influence. Having done so it is concluded that 'legitimacy' is the issue for the court to decide on case by case basis, depending on the facts of each particular case; while in the majority of cases the nature of pressure and persuasion will be illegitimate under doth duress and undue influence.
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