Throwing the baby out with the bathwater? Four questions on the demise of lawful-act duress in New South Wales
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Interim status: Citation only.
Bigwood, R.A. (2008). Throwing the baby out with the bathwater? Four questions on the demise of lawful-act duress in New South Wales. University of Queensland law journal, 27(2), 41–84.
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© Copyright University of Queensland Press, 2008
Abstract
In Australia & New Zealand Banking Group v Karam (2005) 64 NSWLR 149, the New South Wales Court of Appeal recommended abandonment of the terms “economic duress” and “illegitimate pressure” in connection with lawful-act duress claims, in favour of the adoption of “equitable principles relating to unconscionability”. This article explores the merits, and/or demerits, of the Court’s analysis of the modern duress doctrine and consequent recommendation in Karam. How plausible, or indeed valuable, is the doctrinal reassignment surgery performed on lawful-act duress by the Court in that case?
Suggested Citation
Rick Bigwood. "Throwing the baby out with the bathwater? Four questions on the demise of lawful-act duress in New South Wales" University of Queensland law journal 27.2 (2008): 41-84.
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