Unconscionable Contracts: A review of the Law on Duress and Undue Influence- Stella Wairimu Njagi
In order to determine that a contract is unconscionable, “coercion of the will” of the disadvantaged party must be established. This essentially means that a certain amount of pressure is exerted by the ‘stronger’ party to ensure that the other party accedes to the terms of the contract. This pressure, however, must be illegitimate and thus encouragement by a person of influence over a party does not suffice.
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