Unformatted text preview: Eg Section 52 Trade Practices Act 1974 (Cth) (“TPA”) –targets conduct rather than contractual situations broader than the common law.
52 (1) A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Duress
Duress Most contracts have legitimate duress attached to them (Accept my terms or we don’t have a deal!). Legitimate duress is accepted by the law. Duress is a common law concept involving illegitimate and irresistible pressure exerted by one party to force the another party to consent to a contract against the latter party’s will (Crescendo Management v Westpac (1988) 19 NSWLR 40).
There are a number of different types of duress including: Duress of the person
Duress of goods
Economic duress If duress is present the contract is voidable, but the innocent party must do nothing which might be considered affirmation or ratification. Duress of the person Personal duress arises where there is actual or a present t...
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