1
Type Speaker CPD Hours Level
Webinar
0.5 UpdateInformation
SRA Competency B

Introduction

This bite-sized webinar will look at the latest reported cases on avoiding a contract through the demonstration of either duress or undue influence.

Representing the two English law traditions of the common law and equity, these defences to enforcement of a contract remain difficult to prove.

The cases show how the two different, but oft-linked, concepts can be applied to lending by banks, commercial contract negotiations, the re-organisation of a family-owned business, derivative trading and even the settlement of disputes.

What You Will Learn

This webinar will cover the following:

  • Does duress extend to pressure exerted via lawful acts by using illegitimate means? The Supreme Court divides in the Pakistan International Airlines Corporation case
  • Is undue influence a tort/wrong or simply the manifestation of fairness?
  • Where lies the boundary in establishing 'unfair' circumstances prior to a ‘victim’ entering a contract?
  • Can lenders be protected against mortgagors and loan guarantors alleging undue influence - Nature Resorts Limited v First Citizens Bank Ltd

This webinar was recorded on 17th January 2024

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Contract Enforcement, Duress & Undue Influence - A Bite Sized Update

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