Case law
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Division and case type: CivilCivil Case
…the parties had agreed to a sum and that agreement is manifested by the signing of the cheque shows that the plaintiff is entitled to recover that sum unless, as I say, there are some special considerations as fraud or duress…
…The court was in effect saying that a cheque or any bill of exchange constitutes an agreement which may only be vitiated on grounds weighty enough to vitiate any ordinary contract, such as fraud, duress and misrepresentation…
Division and case type: CriminalCriminal Appeal
…Kapila, and accepting the narrower definition of confession in section 32(2) as the test, it is difficult to see how the second appellant could have confessed, assuming the statement was admissible and not given under duress…