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ARTICLE · 05 NOVEMBER 2021

Legal Developments In Construction Law: October 2021

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Tough negotiating is part of commercial life but can a threat to do something lawful constitute duress, so that a contract can be set aside?...

United KingdomReal Estate and Construction
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1. Setting aside a contract for lawful act duress – what is illegitimate pressure?

Tough negotiating is part of commercial life but can a threat to do something lawful constitute duress, so that a contract can be set aside? An airline gave notice to its agents of termination of their contracts for the sale of flight tickets and offered new contracts, but only on condition that the agents waived their existing claims. The claimant agent was very largely dependent on the ability to sell the airline's tickets and had no practical alternative to accepting the terms offered if it wished to remain in business. It accepted but subsequently claimed that this was a case of lawful act duress. But was it?

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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