Duress, Undue Influence and the Ethics of Pre-contractual Negotiation

Abstract

This paper explores the doctrines of duress and undue influence in contract law. It traces the origins of the two doctrines, in an attempt to decipher their inner morality. Majority of the foundational contract law doctrines and principles rooted in the common law are now tempered with an assortment of equitable concerns and the law on undue influence is a perfect example, allowing courts to set aside putatively valid contracts if a sufficient level of unfairness is discovered to have characterised the pre-contractual negotiations. Over all, it is hoped that this paper shall shall be a valuable addition to the legal literature explicating the freedom of contract and the need for ethics in pre-contractual negotiations.