Duress and undue influence
![]() |
In law, a contract can be rendered null and void if one of the parties was not a free agent when they entered into it. This can occur if duress or undue influence was exerted on them when the contract was drawn up. It is then up to them to nullify the contract if they so wish.
A party to a contract may be coerced by:
- Violence.
- Threats of violence.
- Threats of criminal proceedings (even if this was just an empty threat).
- Having property seized.
- Similar threats applied to someone who is close enough to the party to the contract to make them feel the threat is to themselves. An example might be a threat to a next of kin or close friend which forces a party to sign a contract.
A contract is also voidable if one of the parties was influenced or guided by the other party, as may occur in parent/child, doctor/patient, trustee/beneficiary etc relationships. Where contracts have in such cases been entered into, the presumption is of undue influence by the stronger party on the weaker party who can therefore (and at their discretion) render the contract null and void. However, this can be refuted if it is established that the weaker party received independent legal advice before entering into the contract. The presumption of undue influence does not apply to husband/wife contracts.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
A threat to the creativity that makes London special.
How can digital twins boost profitability within construction?
A brief description of a smart construction dashboard, collecting as-built data, as a s site changes forming an accurate digital twin.
Unlocking surplus public defence land and more to speed up the delivery of housing.
The Planning and Infrastructure bill oulined
With reactions from IHBC and others on its potential impacts.
Farnborough College Unveils its Half-house for Sustainable Construction Training.
Spring Statement 2025 with reactions from industry
Confirming previously announced funding, and welfare changes amid adjusted growth forecast.
Scottish Government responds to Grenfell report
As fund for unsafe cladding assessments is launched.
CLC and BSR process map for HRB approvals
One of the initial outputs of their weekly BSR meetings.
Architects Academy at an insulation manufacturing facility
Programme of technical engagement for aspiring designers.
Building Safety Levy technical consultation response
Details of the planned levy now due in 2026.
Great British Energy install solar on school and NHS sites
200 schools and 200 NHS sites to get solar systems, as first project of the newly formed government initiative.
600 million for 60,000 more skilled construction workers
Announced by Treasury ahead of the Spring Statement.
The restoration of the novelist’s birthplace in Eastwood.
Life Critical Fire Safety External Wall System LCFS EWS
Breaking down what is meant by this now often used term.
PAC report on the Remediation of Dangerous Cladding
Recommendations on workforce, transparency, support, insurance, funding, fraud and mismanagement.
New towns, expanded settlements and housing delivery
Modular inquiry asks if new towns and expanded settlements are an effective means of delivering housing.