What are the elements of duress and what is the test for duress?
British Columbia, Canada
The following excerpt is from Song Woon Enterprises Ltd. v. 762138 B.C. Ltd., 2014 BCSC 967 (CanLII):
The essential elements of duress were succinctly stated in Lei v. Crawford, 2011 ONSC 349 at para. 7, as follows: 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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