Illegality-
People should not benefit from wrongdoing; the law should not condone illegality.
Breach of Common Law- Contracts that hinder free market competition.
Breach of Statutory Provision- Discriminatory acts informing a contract.
Conduct Against Public Policy- Promoting Sexual immorality; prejudicial to the status of
marriage; prejudicial to administration of justice; deprive the courts of their jurisdiction;
encourage corruption in public life.
Effects of Illegality: Contract typically voided.
Duress: Common Law defence which makes a contract voidable.
Illegitimate pressure must be exerted on the contracting party by means of physical
violence, threats of violence, unlawful constraint or economic pressure.
Undue Influence: Applies when one party uses their influence over the other to persuade
them to make a contract.
Equitable Doctrine: courts have discretion as to whether to order a remedy, and some
flexibility about what they order.
1. Jack and Jill
Duress- R v Attorney General [2003] UKPC 22.
Threat to the person from driver. Jack still tried to reject the goods therefore not
applicable as not a factor.
Economic Threat from Badham and Grizzell- threatened to withhold further goods
orders, collapsing Jack and Jill’s business as they were the only meat producers in the
area at the time. Badham and Grizzell breached their contract by delivering defective
goods and tried to prevent Jack from seeking compensation by threatening to close
off supplies to his business. Pakistan International v Times Travel [2021].
Waiting 6 months might negatively affect Jack and Jill’s claim
2. Daisy
No special relationship, therefore presumed undue influence unavailable.
Unfair term
Unconscionable Bargain- Rooney v Conway [1982]
-Central Bank of Australia v Amadio [1983]
