Developing a test for economic duress in the South African law of contract: a comparative perspective

Glover, Graham B

Title: Developing a test for economic duress in the South African law of contract: a comparative perspective
Creator: Glover, Graham B
Date Issued: 2006
Date: 2006
Type: text
Type: article
Identifier: http://hdl.handle.net/10962/70832
Identifier: vital:29748
Identifier: https://hdl.handle.net/10520/EJC53694
Description: Until the recent Supreme Court of Appeal decision in Medscheme Holdings (Pty) Ltd v Bhamjee 2005 (5) SA 339 (SCA), the courts in South Africa consistently adopted the attitude that so-called 'economic duress' does not constitute a valid cause of action in our law of contract. In this sense, our law lags behind other jurisdictions, which have recognised for some time that threats of economic harm can be just as coercive as threats to person or property, especially in the modern commercial word. While the indication given in the Medscheme case that our law could develop to recognise cases of economic duress is a welcome one, the court's statement in this regard was merely obiter, and the court consequently undertook no analysis of the issue. In this article, an attempt is made to develop guidelines for dealing with such cases, in accordance with a more modern and coherent test for duress in contract generally. Much of the discussion involves comparative analyses of the authorities on economic duress in Anglo-American jurisdictions, since there is a dearth of authority on the point in South Africa.
Format: 30 pages
Format: pdf
Language: English
Relation: South African Law Journal
Relation: Glover, G., 2006. Developing a test for economic duress in the South African law of contract: a comparative perspective. South African law journal, 123(2), pp.285-314.
Relation: South African Law Journal volume 123 number 2 285 314 January 2006 1996-2177
Rights: Juta
Rights: The use of this resource is governed by the terms and conditions of the Sabinet Terms and Conditions of Use statement (https://journals.co.za/upload/marketing/Sabinet_Website_TandC_2017.pdf)

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Glover, Graham (Prof)

RU Department of Law

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