CONTRACTS
UNFAIR?
UNCONSCIONABLE?
UNDUE INFLUENCE?
DURESS?
This topic deals with the rare cases when a Court can decide whether a contract 
should be declared unenforceable because its terms are unfair.
We will examine the the circumstances when a Court might declare that a contract is invalid because of duress or because one party was subject to an undue influence.
We will also examine the legal concept of the unconscionable bargain.
NO GENERAL RULE
There is certainly no rule of law that a contract has to be fair.
Our Courts have no general power, except in clearly exceptional cases, to hold that a contract should not be enforceable because it is unfair as between the parties to that contract.
However, because the essence of a true agreement is consent then it is only logical that any agreement or consent contained by a threat or by clear undue persuasion is not in fact a true agreement or a true consent.
Over quite a long time our Courts have developed legal principles known as duress and undue influence and have more recently developed a concept of an unconscionable bargain. These three principles are examined in basic terms below.
Duress
Undue Influence
Unconscionable Bargain
If you think that your contract has been affected by one of the above principles then you should obtain some further advice and and try and get your hands on a copy of the comprehensive textbook on The Law of Contract in New Zealand written by Burrows Todd and Finn. It's well worth a read.
DURESS
There are many kinds of fact situations which could constitute duress. &-
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