In this case the charters were clearly in an unfair situation, a claim in duress would have righted the wrong the owners created and in doing so made the outcome of the contract fairer for all parties. Looking back at the examples it is clear the doctrine of duress does provide a rational foundation, and that it creates a principle of fairness.
It can be argued it also provides justification for violating the basic principle of freedom of contract, which is to not allow parties in a contract to intimidate the other party to get their way. Further more, forcing another party into the contract violates the basic principle of freedom of contract itself; therefore duress can be thought as simply enforcing the principle and attempting to put the losing party in a position they were prior to the contract if it is decided the contract is void because of duress, the contract has essentially not occurred due to there not being consent.
This was seen in the case of Halpern v Halpern  where the parties had been in a dispute over an inheritance, which was settled.
The claimant sought damages for breach of this agreement but the defendant argued they entered under duress. This indicates there are difficulties in making the law completely fair; there may always be a party, which is in a disadvantaged situation in every duress claim that cannot be fixed by the courts. It is clear from many previous cases in contract law that judges are reluctant to decide in favour of duress claims. An example of this stems from the case of R v Attorney General .
The judges in order to define the limits of duress; decided the decision in the case was only of persuasive authority for future cases. This is done to encourage English courts to adopt the same approach, reluctance to define the doctrine of duress, in the future cases.
Judges recognise duress does violate the principle of freedom of contract, however, they would argue it is not without justification when they do decide in favour of the duress claim.
In an attempt to control the claims made for duress, the judges added a time lapse for when a party, which entered into the contract under duress, can claim. If the claim were not made in time, they would not decide in favour of the duress.
An example of this is seen in the case North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd, The Atlantic Baron  where a claim in duress was made against the waiver signed by the claimant which signed away their rights to make a claim in court for losses. However, although it was found that it was economic duress and it did make the contract voidable, it was not made void because the claimant failed to take faster steps to avoid the contract and in doing so had affirmed the arrangement.
It is suggested this is an unfair decision, however it can be seen as justified because judges are attempting to protect the contract and by limiting the time period, it limits the chance of claimants only claiming because they later did not like the terms of the contract after they had already agreed to them.
To conclude, referring back to the issues relating to the doctrine of duress previously discussed in this essay, it is evident there are many criticisms and limitations of the doctrine. However, there is a justification for having the doctrine and that is providing a degree of fairness for all contracting parties. The essay also acknowledges that judges recognise the doctrine does violate the basic principle of freedom of contract, however judges avoid deciding in favour unless it is right to do so.
Therefore even though there are many issues associated with having the doctrine of duress, the benefits of having it outweigh the criticisms, without it, it would be worse for all contracting parties.
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Writing Paraphrasing Editing Proofreading Formatting. Turner has now purchased a suitable property and is now purchasing the necessary items required to run her nursery. She looks on a website and sees cots and high chairs advertised for sale by a company named Babies R Us, on the 1st October , requesting twenty cots and twenty high chairs, requesting a reply by the 21st November She received a reply by post, confirming the order, on the 1st December This was postmarked 20th November.
However on the 30th November, Mrs. Turner had assumed that Babies R Us were unlikely to reply and therefore, entered into a contract with a rival company. Turner has made an appointment to see you to gain advice relating to the above problem. Equally, she would appreciate some advice relating to the formation of contracts by e-mail. Turner's nursery has now opened and has recruited well.
She is concerned as to the different types of liabilities, which she may be affected by during the course of her business and would appreciate it if you could write to her regarding this. Explain the different types of liabilities and along with examples. To establish whether or not Mrs Turner has entered into two contracts first off all we have to look at what makes a contract and what type of offer was made to October, Date submitted: April 18, Coursework ID: You must answer the following question: Andre is a self-employed kitchen designer who deals mainly in high specification kitchens aimed at the booming home catering market.
He has a fairly large business employing several staff. He has recently acquired a consignment of hand-cut maple wood and knows of several potential purchasers who would compete with one another to buy a handmade kitchen using this wood.
On 2nd May he wrote to Jamie in the following terms: If you are interested please reply by return of post. For this, I would do a top notch product placement mention for you. In consequence, he stayed on late and at 7. Mary has decided that she is now too old to change her kitchen and does not respond to the letter.
However Gino is thinking of updating his home and emails Andre on 3rd May at 9. Unfortunately Andre has lost his internet connection due to a fault with his computer system and does not read this email until after Gino arrives to sign the contract as the business opens on the 4th May.
But when Andre is faced with Gino and after reading the email he agrees to sell him the kitchen. It is when Andre goes to get the standard form contract for Gino to sign that he notices the fax machine is out of paper, he loads the paper tray, waits until the faxes are printed out and then at that point reads the fax from Jamie. There are generally four elements required to form a contract; offer and acceptance, certainty, an intention to create legal relations and consideration.
In this scenario, the important issue, in terms of the November 25, Coursework ID: The City of Coventry decided, some time ago, to celebrate its long history with a parade and pageant through the streets of the town on May Day. It was agreed that the hotel would provide food and drink for the party. Two days before it was due to take place, Coventry City Council bowed to pressure and called the entire event off.
Free Contract Law Essays. The selection of contract law essays below have been submitted to us by students in order to help you with your studies. Please remember to .
Contract Law Essays Becoming the Norm. Regarding contract law essays, they are growing in demand because the services of contract lawyers are growing in demand. Some of the people with a need for contract law essays are people who want to know more about contract law and what contract lawyers do.
A contract is a legally binding or valid agreement between two parties. A contract is an agreement which will be enforced be the law. Free contract law papers, essays, and research papers.
Contract Law Case Study of Hotel Contract law involving a hotel and client A. In this scenario, the first significant point is the nature of . Mark 75%, W Contract law and tort law Answer: To evaluate this statement, we need to look at what is a frustrated contract and what are accepted as frustrations to the contract. Also, look at the common law that was used.