Trade pressure exists wherever part of a commercial activity is in a stronger negotiating position than the other party, and demands for economic constraints are relatively rare. In most cases, a party who is faced with a “take or leave” attitude or an undue and inappropriate request to increase the amount of the contract may relate to the purpose of the contract elsewhere and, if necessary, sue the other party for damages for infringement. Because of the circumstances, its agility, its relatively low profile and its opportunistic capacity for action, a smaller contract organization may be in a much stronger negotiating position than a large multinational organization. The threat of litigation and the resulting negative publicity could have a far greater potential to damage the reputation of the large multinational than for the smaller organization. It is therefore important not to make assumptions, but to examine the overall situation and to carry out an assessment of the strengths and weaknesses before starting the negotiations. The length of the person may consist of violence, detention or the threat of violence or detention against the party, spouse or other close relationship. The courts have also held that threats against employees of a party can be a constraint. The doctrine of unwarranted influence is motivated by the nature of the relationship between the parties, and thus, except for the banks (which may be favoured by a wife of her husband`s debt), is limited in a commercial context. However, if there is a relationship of trust between the contracting parties, the current crisis may result in more contracts and variations that the parties wish to set aside. The parties to these contracts would do well to ensure that the other party is informed independently of any changes in order to minimize the risk of a contract freeze if we return to some kind of normality. It is clear that it is to be hoped that such situations will occur very rarely, if ever, in a commercial context. If they do so unsurprisingly, the English courts take a strict approach and, as long as violence or the threat of violence is a reason why the party has accepted the contract (or treaty change), that contract may be cancelled.
The supply of goods may consist of a threat of destruction, damage, seizure or detention. For example, a party who, in the current crisis, is in possession of another party`s goods and who is effectively trying to extort those goods when it is requesting a change in its contractual terms, will at first glance place the owner of the goods under duress. There is little agreement between an employer`s corporate culture and its contractors. The employer`s engines (in addition to profit-generating) should be safety, start production, improve its reputation and implement its projects on time. The contractor is less influenced by these factors; its sales are not necessarily repetitive, as its short-term drivers are most likely cash flow, profits and survival. These differences will naturally lead the parties on the path to allocation negotiations, unless active intervention directs them to another path. In this regard, the creation of a litigation committee can, from the outset, create a big difference in conduct towards inclusive negotiations.