The doctrine of duress in the context of contracts with financial institutions: parameters, limitations and international perspectives
This article critically examines the doctrine of duress as a principle relied upon by sureties to set aside contracts of guarantee they have given with inadequate understanding or informed consent. It discusses duress as a form of unacceptable pressure or illegitimate threat being put on the surety which can impair any contractual assent, resulting in rescission of the guarantee. Duress as applied to sureties will be examined to see if there are jurisdictional differences between Australia and other common law countries such as England, New Zealand and the US.
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