Duress Xavier is an importer of fine wines from California into the UK. He has recently secured a contract for the sale of a consignment of wine to ‘Boozy Goods’, a UK based chain of wine retailers. He agreed with Boozy Goods that he would deliver 50 cases of wine to 5 separate shops in England. Xavier then contracted with Haulage Inc, a firm he regularly uses, for the delivery of the wine to the 5 shops on June 10th for a total of £300 On the 7th of June haulage Inc called Xavier and told him that they had underestimated the weight of the wine and the mileage and that the correct price was actually £800. When Xavier refused to pay the extra amount Haulage Inc. threatened to cancel the agreement. They additionally stated that if Xavier does pay the extra amount they would in fact make 2 free deliveries for him on another occasion. Xavier was not able to secure the services of another haulage company due to the short notice. He rang ‘Boozy Goods’ and attempted to change the delivery date. They were unsympathetic and told him that if the delivery was late they would never do business with him again and that they would sue him for breach of contract. Xavier rang Haulage Inc and said that he reluctantly agrees to their terms. He also agrees for 2 additional deliveries to be made on another occasion. When the bill arrives at the end of the month Xavier pays the £800. “ weeks later Xavier has had second thoughts and wants to reclaim the £500. Explain Xavier’s legal position. Undue Influence and Unconscionable Bargains 1. What are the legal prerequisites for establishing Undue Influence? 2. State the circumstance sin which undue influence will be presumed and the effect of this presumption. 3. Explain the concepts of fairness and unconscionability as it applies to the law of contract.