Author(s)

Wantong Pei ¹

Affiliation(s)

¹ College of Law, Australian National University, Canberra, 2600, Australia

Corresponding Author

Wantong Pei

ABSTRACT

Economic duress has been a long-standing and controversial issue in both the Anglo American and Continental legal systems. This concept originated from equity law, and its rise is due to the development of modern market economy theory and contract system. This article mainly discusses the origin and forms of economic duress, explains the definition and composition of economic act duress, and further explores the existence and constituent elements of legal economic behavior duress by combining classic historical cases.

KEYWORDS

Duress; Economic Duress; Lawful Act Economic Duress

CITE THIS PAPER

Wantong Pei, The Recognition of Economic Duress in the Case Law System. Science of Law Journal (2024) Vol. 3: 128-132. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030317.

REFERENCES

[1] Bryan A. Garner, Black's Law Dictionary, Thomson West, 8th edition, 2004.
[2] Birks P. Unjust enrichment[M]. OUP Oxford, 2005.
[3] Dawson J P. Economic Duress—An Essay in Perspective [M]//Contract-Freedom and Restraint. Routledge, 2013: 55-92.
[4] Pilkington T, Winterton D. The Possibility of Lawful Act Economic Duress: Pakistan International Airlines Corp v Times Travel (UK) Ltd [J]. The Modern Law Review, 2023, 86(1): 238-248.
[5] Williams E. Lawful Act Duress In Contract Law: Does It Exist? [D]. Victoria University of Wellington. 2021.
[6] Tingting Luo, 'Study on Issues Related to the Economic Duress', Master's Dissertation, Southwestern University of Finance and Economics, 2014.

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