Duress, undue influence & mistake
Duress, undue influence and mistake are vitiating factors that can make a contract void or voidable where genuine consent was absent. They are tested on facts involving improper pressure, relationships of trust, or fundamental errors.
What "Duress, undue influence & mistake" covers
- Duress to the person, goods, or economic interests requires illegitimate pressure that was a significant cause leaving the victim no practical choice.
- Lawful-act duress is exceptional and requires bad faith or unconscionable exploitation (Times Travel).
- Actual undue influence is proved by overt improper pressure; presumed undue influence arises from a relationship of trust and confidence plus a transaction calling for explanation.
- A third party (e.g. a bank) may be fixed with notice of undue influence and must take reasonable steps, such as ensuring independent advice (Etridge).
- Common mistake (both parties share a fundamental false assumption) may void the contract only where the subject matter or a fundamental quality is affected.
- Unilateral mistake as to terms or identity can void a contract, especially in face-to-face versus written dealings.
- The remedy for undue influence and duress is rescission, subject to the usual bars.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For duress, undue influence & mistake, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Forgetting that economic duress needs illegitimate pressure and the absence of any practical alternative.
- Assuming a relationship of trust alone proves undue influence without a transaction calling for explanation.
- Overstating common mistake, which is narrow and rarely voids a contract merely because it is a bad bargain.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on duress, undue influence & mistake.
FAQ
Is duress, undue influence & mistake tested on SQE1?
Yes — duress, undue influence & mistake is part of the SQE1 Contract syllabus (FLK1) and can appear in single best answer questions.
How is duress, undue influence & mistake examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Barton v Armstrong [1976], Pao On v Lau Yiu Long [1980]) helps.