Patrick S. Atiyah, QC, FBA (born 5 March 1931) is an Englishlawyer and academic. He is best known for his work as a common lawyer, particularly in the law of contract and for advocating reformation or abolition of the law of tort. He was made a Fellow of the British Academy in 1979.
‘Economic Duress and the Overborne Will’ (1982) 98 LQR 197. Atiyah argued that it was wrong to use the phrase ‘coercion of the will’ in the test for duress. Duress does not eliminate free choice, it just creates a choice between evils. What is wrong about a contract is not an absence of consent, but the wrongful nature of the threats used to bring about consent.