... negotiations leading up to the contract. So, an inequality of bargaining power between contractual parties, which is exploited by the more dominant party, is a basis on which the law may permit the weaker party to rescind that contract. Duress is the unlawful pressure to perform an act. In Universe Tankships v. ITWF,1 Lord Scarman said that to establish that duress had occurred, it was necessary to establish two things. Firstly, that the victim was subjected to pressure which was illegitimate and secondly, that the pressure exerted on the victim was so great that it gave rise to the compulsion of his/her will. If both these facts are present, the doctrine of duress would render the contract voidable. There are different categories of duress. Duress to the person cases are of little significance, since the number of cases in this area has always been small. Duress to property recognises that ...

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