Chapter 17 End of Chapter Questions

. What is the effect of duress on a contract?

Duress constitutes a breach of contract

Duress renders the contract voidable

Duress renders the contract void

None of the options given is correct

. What criticism is made of the overborne will theory?

It is not consistent with the principle of the freedom of contract

It does not focus on the illegitimate pressure applied

It is overly simplistic in suggesting automatism

None of the options given is correct

. Which of the following is necessary for a claim in economic duress to succeed?

There was no other option open to the claimant

There was a reasonable practical alternative but the claimant complied with the threat

There was no reasonable practical alternative open to the claimant

None of the given options is correct

. The requirement of bad faith must always be considered when establishing economic duress. True or False?

True

False

. A has just been made unemployed and has not yet been able to register with for state benefits. A owes £6000 to C, which is due next week. A goes to the bank to ask for a loan, and because of A's position, the bank only agrees in return for a very high interest rate on the loan. A accepts the terms in order to meet her liabilities to C. A later asks whether she can claim that she only entered into the contract as a result of duress. Is the contract voidable because of duress?

Yes, the contract is voidable as a result of duress

No, the requirements for duress have not been made out

. Which provision of the Consumer Protection from Unfair Trading Regulations 2008 deals with a consumer's right to redress when he or she is a victim of an aggressive commercial practice?

Regulation 7

Part 4A

Regulation 5

Part 3

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