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Article
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 (2008)
  • Rick Bigwood
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?

Disciplines
Publication Date
December 1, 2008
Publisher Statement
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
Citation Information
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 Vol. 27 Iss. 2 (2008)
Available at: http://works.bepress.com/rick_bigwood/4/