What are the elements of the defence in the defence of duress?
Saskatchewan, Canada
The following excerpt is from Kidd v Kidd, 2020 SKQB 249 (CanLII):
For the essential elements of the defence, the trial judge relied upon the following passage in Lei v. Crawford, 2011 ONSC 349 at para. 7: Duress involves coercion of the consent or free will of the party entering into a contract. To establish duress, it is not enough to show that a contracting party took advantage of a superior bargaining position; for duress, there must be coercion of the will of the contracting party and the pressure must be exercised in an unfair, excessive or coercive manner.
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