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Mapping the LawEssays in Memory of Peter Birks$
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Andrew Burrows and Alan Rodger

Print publication date: 2006

Print ISBN-13: 9780199206551

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206551.001.0001

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The Further Travails of Duress

The Further Travails of Duress

(p.181) 10 The Further Travails of Duress
Mapping the Law

Ewan McKendrick

Oxford University Press

This chapter examines three aspects of duress. The first is the circumstances in which duress will suffice to entitle a party to set aside a contract and recover a benefit which has been conferred on the other party to the contract. The second is the entitlement of a party to recover a benefit which it has conferred on another party as a result of the application of duress, but where there is no contract between the parties. The third is the circumstances in which the application of duress will give to the party subject to the duress a claim for compensatory damages.

Keywords:   duress, recover benefit, contract, compensatory damages

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