The challenges to the development of the doctrine of economic duress in South African contract law

Show simple item record Chetty, Kirsten 2019-07-29T07:42:11Z 2019-07-29T07:42:11Z 2018
dc.description.abstract The South African doctrine of duress safeguards against traditional forms of coercion, which has meant that more subtle forms of pressure, where one’s physical security is not necessarily threatened, are largely neglected. Economic duress is a species of duress, which involves the wrongful use of pressure to compel a party to contract through the exploitation of their financial circumstances. The taxing exercise of balancing various competing policy considerations when contemplating economic duress has meant that South African courts have shied away from exploring a possible test for this type of coercion. A comprehensive test for economic duress is a means through which South African contract law can be developed in line with the egalitarian ethos which the Constitution strives towards, while being an opportunity to advance our legal complement to meet standards of other jurisdictions. In this research report I highlight the many challenges to developing a test for economic duress and how these challenges cannot be overcome by a one size fits all approach but rather by tailoring general guidelines to the facts of each case. I further demonstrate how economic duress infringes upon constitutional values, which further supports the need to develop this doctrine. While drawing upon English law, I highlight the oversights made by our courts in this regard. This is then followed by a deconstruction of economic duress and the two concepts that define this form of coercion, namely wrongfulness and consent, which is used to outline a possible approach to this type of illegitimate pressure en_ZA
dc.language.iso en en_ZA
dc.title The challenges to the development of the doctrine of economic duress in South African contract law en_ZA
dc.type Thesis en_ZA
dc.description.librarian MT 2019 en_ZA

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