Mitchell, P;
(2017)
Shifting paradigms in duress.
Restitution Law Review
, 25
pp. 197-207.
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Abstract
This article investigates the notoriously unstable language that has been used to define duress, in particular the tension between "compulsion" and "pressure". It argues that the cases on claims made under colour of office provide extensive, previously unacknowledged, support for the conceptualisation of the doctrine in terms of pressure, and that the language of "compulsion" derives from cases on void marriages. Although the legal context of those marriage cases would justify dispensing with "compulsion" as part of a general definition of duress in unjust enrichment, the article concludes by suggesting that there may be a valuable supplementary role for compulsion in situations of legitimate pressure.
| Type: | Article |
|---|---|
| Title: | Shifting paradigms in duress |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | http://www.wildy.com/id/180390/restitution-law-rev... |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/1558773 |
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