Attorney-General for England and Wales v R - [2002] 2 NZLR 91

Contract — Consideration — Unenforceable representation soldier would not be returned to unit from SAS — Authorities actually forbore from returning to unit — Whether forbearance in fact capable of constituting consideration.

Military Law — Orders — Soldier instructed to sign agreement or be returned to unit — Whether an order.

Contract — Duress — Soldier instructed to sign agreement or be returned to unit — Whether constituted duress.

Contract — Undue influence — Soldier instructed to sign agreement by superior officers or be returned to unit — Soldier prevented from taking independent advice — Whether actual undue influence — Whether relationship of soldier and officer raised presumption of undue influence — Whether facts of case raised presumption of undue influence.

Equity — Unconscionable bargain — Soldier instructed to sign agreement or be returned to unit — Whether constituted unconscionable bargain.

Contract — Remedies — Injunction — Contract to suppress freedom of expression — When specific performance not appropriate although money damages not entirely adequate — Mutuality of remedies — Conduct of parties — Sufficiency of consideration.

Equity — Equitable remedies — Injunction — Avoidance for undue influence — Soldier instructed to sign agreement by superior officers or be returned to unit — Soldier prevented from taking independent advice — Whether actual undue influence — Whether relationship of soldier and officer raised presumption of undue influence — Whether facts of case raised presumption of undue influence — Whether contract should be enforced by injunction — Contract to suppress freedom of expression — When specific performance not appropriate although money damages not entirely adequate — Mutuality of remedies — Conduct of parties — Sufficiency of consideration.

Conflict of laws — Foreign law — Whether rules of equity of lex fori to be applied when law of foreign jurisdiction applicable — Whether rules of equity of lex fori to be applied in respect of remedies.

Constitutional law — Act of state — Observations on extent of doctrine of act of state — Whether applicable to contracts made by foreign government or only to acts in sovereign capacity.