Three grey areas of the concept of duress under Rwandan Law

Abstract

Duress, which in principle can invalidate a contract, is recognized in both civil and common law systems. In Rwanda, while duress is  addressed under the law on contracts, the Rwandan law lacks a precise definition of it, leading to potential inconsistencies in its  application. This paper explores the conceptual ambiguities in Rwandan contract law regarding duress, specifically whether it must be  physical or not, whether it must necessarily arise from an illegitimate act, and whether it can be exerted by or to third parties. Through a  normative approach, the paper focusses exclusively on contractual duress and seeks to illuminate these grey areas by examining Rwandan legal texts, judicial precedents, and insights from other jurisdictions. The goal is to provide a clearer framework for  understanding and applying the concept of duress in Rwandan contract law.