| dc.description.abstract | For the purpose of forming a valid contract, the parties to a contract must have entered in to it with their own free will. The element of free will is a fundamental component of a legally valid contract and a basic principle in law of contract. Elements which can make a contract void or voidable are known as vitiating elements. If the act of entering in to the contract is corrupted by duress to person or goods, economic duress or undue influence, a contract will become voidable. A voidable contract will bind the both parties to contract unless one party repudiates it. Historically the scope of the common law concept of duress was extremely limited and could be pleaded only in circumstances where the last result was obtained as a result of exerting unlawful force or threats of unlawful force against the person of the other contracting party. Later, over the years, the doctrine of duress was formulated and widened in its ambit to deal with duress to goods and economic duress as well. The objective of this research is to distinguish the applicable principles in the relevant area which demands a clearer exposition. This research will be conducted through a review of primary sources viz. case law, and secondary sources viz. books with critical analysis, law journals and conference papers. The study concludes that the parameters of the concept of economic duress have not been made as yet and the ambiguity exists with regard to duress of goods. It is recommended that a clear set of guidelines which allow considerations of connected factors should be developed when deciding cases of economic duress, although a demand for a value judgement to some extent is unavoidable and a proper authority should be developed with regard to duress of goods that can determine the instances in which a remedy would be permitted by law. | en_US |
