duress

Remedies and Evaluation

Remedies

Damages are not available for undue influence though you can claim for negligence. E.g. a bank or solicitor has broken a duty of care.

Rescission: whole contact set aside and attempts to put the parties back into their pre-contractual position if possible.

Bars to Rescission (also applicable for misrepresentation)

Remedy will not be available to:

Impossibility>>restitution in integrum, must be possible – i.e. it must actually be POSSIBLE to return the parties to the position they were in before the contract was formed. E.g. if the value of the goods has disappeared.

Affirmation of the contract>> party seeking rescission, must genuinely wished to be removed from his contractual obligations; if by his actions he shows approval (affirmation of the contract then the court will be prepared to award any remedy).

Delay>> delay defeats equity - equitable remedy lost if too long a delay between formation of contract and applying for the remedy e.g. in Allcard v Skinner failed to…