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Words: | Submitted: Mon Jun 19 2006
... promise enforceable if there is no consideration involved. The concept of duress is only applicable and relevant when all other aspects of the contract are met (consideration is present), and this was not the case here. A second flaw of this decision is the ramifications on future commercial contracts. It might open the floodgate to commercial "blackmail" which falls short of provable and positive economic duress. A hypothetical example posed by Norma J. Hird and Ann Blair5 prove this point.6 Further, it could create uncertainty which may be reflected in increased insurance costs as one party is forced to insure against the other returning to renegotiate an agreement which had placed the risk of increased costs with the latter.7 Despite Glidewell's claim that his propositions do not contravene the principle set out in Stilk v Myrick8 and merely refine and limit the application of that principle, but leave the principle ...
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