Deck 16: Duress

Question 1

Which of the following statements best describes duress?

A) A causes B to enter into a contract based on a lie.
B) A causes B to enter into a contract by making a threat.
C) A uses his influence over B to cause him to enter into a contract.
D) All three options are forms of duress.

Answer 1

B

Question 2

Duress will generally be made out where:

A) B tells A: 'If you don't enter into the contract, I will shoot you', and A has no reasonable practical alternative but to enter into that contract.
B) B tells A: 'If you don't enter into the contract, I will tell mother that you were the one that broke her favourite vase', and A enters into the contract.
C) As a result of B's threats, A agrees to the contract because he does not want the hassle of falling out with B.
D) B persuades A to enter into a contract disadvantageous to A.

Answer 2

A

Question 3

The contract cannot be vitiated by duress where:

A) The threat does not affect the judgment of the person threatened.
B) The threat was only one reason among others for entering into the contract.
C) The threatened person exercises her will when entering into the contract.
D) The threatened person fails to notify B that she does not wish to be bound by the contract.

Answer 3

A

Question 4

A practice is 'aggressive' and prohibited under Regulation 7 of the Consumer Protection from Unfair Trading Regulations 2008 if:- Please select all that apply.

A) It significantly impairs a trader's freedom of choice in relation to a product.
B) There was use of harassment, coercion or undue influence.
C) The average consumer is led to take a transactional decision she would not have taken otherwise.
D) It significantly impairs a consumer's freedom of choice in relation to a product.

Question 5

C makes a large contract with E to supply food and beverages for E's huge Christmas party. C then enters into a contract with D, under which D will supply 10,000 mince pies to C on 24 December for £5000. In which scenario is duress least likely to be established?

A) D calls on 1 May and threatens not to supply any mince pies if C does not pay an extra £10,000.
B) 5 days before the delivery date, after making 1,000 mince pies, D realises that she had underestimated the costs of ingredients. D tells C that she will stop making the mince pies if C does not pay another £2000.
C) D calls in on 23 December and threatens not to supply the mince pies unless C pays another £5000.
D) 1 week before the delivery date, D calls C and threatens not to supply the mince pies unless C pays another £5000. E had asked for customised mince pies, and D is aware of the fact no other bakery will be able to meet those demands with such short notice.

Question 6

A threat to break a contract cannot ground a claim in duress.

Question 7

A threat to do something lawful, as opposed to something unlawful, cannot ground a claim in duress.