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Editing Contracts/Duress
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#'''No reasonable alternative (but to accept the other party's terms)'''. If there is an available legal remedy, an available market substitute (in the form of funds, goods, or services), or any other sources of funds this element is not met. | #'''No reasonable alternative (but to accept the other party's terms)'''. If there is an available legal remedy, an available market substitute (in the form of funds, goods, or services), or any other sources of funds this element is not met. | ||
#'''The threat actually induces the making of the contract'''. This is a subjective standard, and takes into account the victim's age, their background (especially their education), relationship of the parties, and the ability to receive advice. | #'''The threat actually induces the making of the contract'''. This is a subjective standard, and takes into account the victim's age, their background (especially their education), relationship of the parties, and the ability to receive advice. | ||
#'''The other party caused the financial distress'''. The majority opinion is that the other party must have caused the distress, while the minority opinion allows them to merely take advantage of the distress.{{citation needed|date=July 2012}} | #'''The other party caused the financial distress'''. The majority opinion is that the other party must have caused the distress, while the minority opinion allows them to merely take advantage of the distress.{{citation needed|date=July 2012}} See ''Universe Tankships Inc of Monrovia v International Transport Workers Federation (The Universe Sentinel)'' [1981] UKHL 9<ref>{{cite web|title=Universe Tankships Inc of Monrovia v International Transport Workers Federation (The Universe Sentinel) [1981] UKHL 9|url=http://www.bailii.org/uk/cases/UKHL/1981/9.html|website=Bailii|accessdate=1 August 2014}}</ref> | ||
==Insane duress== | ==Insane duress== |