English contract law has based its fundamental doctrine of existence on the idea of ​​voluntariness and freedom of choice. A contract lacking such choice is often said to be obtained by some form of coercion. The only problem with this analogy is that, to some extent, most contracts are entered into under duress. Constraint that is inevitable. Companies often have a monopoly, as in the case of public services such as the gas, electricity and water industries, where freedom of choice is non-existent. What distinguishes this from coercion actionable by courts is the court's interpretation of the legality of the coercion. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Coercion, which is illegal under common law, has evolved in three main areas over the past twenty years, but for much of its prior existence it was defined along very narrow lines. Coercion of the person, a long-established principle, involved threats or actual violence towards the contracting party. The violent act must be illegal but must not be the main or only reason why the contract was made. It is up to the defense to demonstrate that these threats made no contribution to the will of the other parties. It should be emphasized that the act must be illegal so a threat of denunciation would be justified if it were true. The principles of compulsion of the person were established in the Privy Council case Barton-v-Armstrong which, although not a binding precedent, would be persuasive to the courts. This case did not answer the question of coercion against third parties. Here we may consider the principles of criminal law which appear to suggest in Rv-Howe that a defense against third-party coercion is available but only on the facts of each individual case. The tort of intimidation may offer reason for relief in this area. The criminal law of blackmail could promote the principle of fairness that no one should benefit from their wrong doings. The question of whether the contract is void or voidable continues to rage without any clear authority. Pao On-v-Lau Yiu Long suggests that it is voidable thus giving good title to a bona fide third party which must be more satisfactory to innocent buyers. The idea that the contracting party must be a free agent when entering into a contract claims universal approval and it is only the degree of coercion that merits legal debate. It will be up to the courts to decide this issue on an individual basis. Person compulsion has stood the test of time and is fundamentally sound in its approach to contract law. Personal coercion is unlikely to become a growth area for lawyers, primarily due to its less-than-subtle approach and the use of other forms of coercion that are emerging in our modern society. Property coercion has had a somewhat stuttering approach in common law. . Goff and Jones in The Law of Restitution (1966) identified four areas of coercion. Please note: this is just an example. Get a custom paper from our expert writers now. Get a Custom Essay Coercion of the person divided into two categories, money or goods (or services) paid on the spot and money or goods requested in the future. The first involved a case where money or goods were recoverable, the second a defense against the enforcement of a contract. Asset coercion can be broken down into the same areas, but the result was slightly different. Where A had paid money due to the unlawful refusal (restriction