Law of Commerce

Tutorial activities

1. Where one (commercially weaker) party is being pushed in the negotiations to a place where it has no real alternative but to agree to the terms proposed by the other (commercially dominant) party, there is a risk of the agreement being rescinded for economic duress. When does "rough and tumble of commercial bargaining" cross the line and become "economic duress". In your answer, please refer to ACCC v Coles (2014) and ACCC v Woolworths (2016) and explain why the decisions differed.