The Doctrine of Part Performance By admin — Posted on November 14, The Doctrine of Part Performance finds its basis from the concept of equitable rule of part performance which the Court of Chancery developed under the English legal system. The first case where the Court of Chancery implemented the rule was Foxcroft v. The section stipulates for protecting prospective transferees in order to allow them to retain possession of the property against the transferors who execute an incomplete instrument of transfer and afterwards fail to complete it in the manner laid down by the law without there being any fault on part of the transferee.
The doctrine of duress Essay: The doctrine of duress The doctrine of duress is well established in English Law and allows a party to the contract to set aside the terms of an agreement by showing evidence that pressure or force from the other party was put on them against person or property when the agreement was formed.
The party subjected to the duress claims they had no choice but to enter the agreement. Economic duress is a relatively new development but is of increasing importance with notable consequences for parties entering into commercial agreements.
The Courts now Essays on the doctrine that, in addition to threats against a person or their property, the threat of economic could also force a party to sign an agreement.
Prior to the concept of economic duress being recognized, the position in law was protected by the doctrine of consideration.
The logic behind the reasoning is that a person entering into a contract who is in a very strong bargaining position may insist upon further payment to perform an existing duty, and the other party to the contract may have no choice but to agree. This possibility of extortion can be seen in Harris v Watson REF2where it was held that as a matter of public policy, sailors could not be allowed in times of danger to insist upon further payment to perform existing duties.
In Williams v Roffey Brothers REF3B paid an additional amount to A to perform an existing contractual obligation, because B knew that the original figure promised to A was too low and that A would not be able to complete his work which would be commercially detrimental to B.
Economic duress is therefore clearly a proposition which helps decide which re-negotiations are reasonable. Economic duress needs to be distinguished from legitimate commercial pressure.
Pao On v Lau Yiu Long AC REF7 established that for economic duress to apply the payment made or contract entered into by the innocent party must not have been done voluntarily. Also, the pressure upon that party to enter the contract must be illegitimate.
Economic duress is, therefore, improper illegitimate threats that amount to compulsion to enter into a contract or absence of choice. Pao On established a number of criteria that assisted in the test for economic duress.
Goods has been sold to an innocent third party. Harris v Watson discussed in Smith, J. Resource Book 2 W Essay UK - https: Search our thousands of essays: If this essay isn't quite what you're looking for, why not order your own custom Law essay, dissertation or piece of coursework that answers your exact question?
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