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Law School Research Seminar - Chris Mills, University of Warwick

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Dr Chris Mills, Law School, University of Warwick

  RS seminar    
  Talk Title: 'Two Cheers for the Overborne Will'    
 

The “Overborne Will” theory is a theory of economic duress in contract law with no supporters and many critics. In this paper, I offer a partial defence of the theory. I attempt to work out which criticisms of the theory fail, which claims about duress the theory gets right, and what interesting normative upshots follow from the (partial) success of the theory. Understood properly, the overborne will theory cannot answer every issue that critics have asked of it. But by rejecting the theory too quickly, critics have lost sight of some important and useful claims about economic duress and freedom of contract that the theory offers.

 

 

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