Research Paper (postgraduate) from the year 2015 in the subject Law -
Comparative Legal Systems, Comparative Law, grade: 74.00, National
University of Ireland, Galway, course: Law, language: English, abstract:
This essay delves in the moral aspects of contract law through a
detailed analysis of the jurisprudence of economic duress. Answering
questions like; Does the common law doctrine of economic duress make
courts, not legislators, aribrators of commercial morality. Further,
does this inject uncertainty in contract law? Where do judges decide on
what is legitimate commercial pressure in hard cases? I further argue
that a legislator should establish the foundations of an absolute test
for judges, following the civil law system - to promote efficient and
cost effective justice . Put simply - with clear rules, the ability to
appeal is reduced.