Duress and undue influence
1. Duress = Common Law; Undue influence = equity
2. Cases
a) Undue Influence:
Allcard v. Skinner 1887
- a person bound not to seek independent advice.
b) Duress:
Kaufman v. Gerson 1904
- threat of prosecution.
3. Legal consequences:
a) The contract is voidable, not void.
b) If the threat or force amounts to the tort of intimidation, there are damages: ROOKES v. BARNARD (1964) - tort case.