Force and fear

Would be declared void if there is force and fear, sufficiently serious threat to overcome the will of the person.

Earl of Orkney v Vinfra 1606 – threat of immediate violence.

Hunter v Bradford Trust LTD (1977) – Threat of legal action will not find a claim. Bradford said he would not sign the contract unless they agreed to new terms, wouldn’t continue otherwise night before the sale, sisters felt pressure, this was considered but this did not count as a serious threat, this was foolish fear rather than serious.

Hislop v Dickson Motors (Forres) LTD (1978) – a cashier was accused of embezzling funds, she admitted the accusation and agreed to try and repay back the money. The employing company confronted her, after heated discussion, she signed a cheque. The signature on the cheque was set aside on the grounds her consent had been vitiated by force and fear.