Date: Tue, 18 Mar 2003 16:38:37 -0500

From: Jason Neyers

Subject: New PC Decision

Dear Colleagues,

The Privy Council has released a new decision dealing with issues of Undue Influence, Duress and Consideration (see "http://www.privy-council.org.uk/files/other/r%20v.rtf%20paras.rtf"). The context for the discussion of these issues was a non-disclosure contract entered into by a SAS officer with the Ministry of Defence. Personally, I have doubts as to whether the conclusion of the board on the consideration issue is correct. But beyond that, the decision is notable for Lord Scott's dissent on the issue of undue influence and for Lord Hoffmann's accessible explanation of Royal Bank of Scotland plc v Etridge (No. 2) and of duress for the majority.

Anyone looking for a good contract exam question would be well advised to have a look.

Sincerely,

--
Jason Neyers
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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