Duress Flashcards
what are the requirements of duress
- ‘illegitimate pressure’-
- resulting in ‘compulsion of will’
clarified in R v Attorney general
what is the effect of duress on the state of a contract
makes it voidable, vicim will have to either rescind or end?
do threats of unlawful action among to illegitimate pressure
generally, yes
what is economic duress
concerns agreements resulting from illegitimate commercial pressure.
what is the difference between ordinary commercial pressure and illegitimate pressure
is a threat to break a contract illegitimate
yes. the Atlantic baron
- DSND Subsea v petroleum Geo services- threat to breach must be considered of whether it was in good or bad faith.
The Atlantic baron
authority for economic duress
what are the requirements of compulsion of will requirement
-the pressure should be ‘but for’ test.- Kolmar Group v traxpo Enterprises
- identify that there was no practical alternative available.- Atlas express v KAFCO
what is duress of the person.
BARTON V ARMSTRONG
- the threat to harm another is illegitimate.
the illegitimate pressure has to be just a reason for entering the contract, that is enough for it to result in a ‘compulsion of will’
what is threat of unlawful industrial action
universe tank ships of Monrovia v international transport workers federation.
- threat of industrial action can be another source of illegitimate pressure resulting in economic duress.
what is lawful act duress
recognised in the Universe Tankships.
- pressure from a threat of lawful action can be just as powerful
- blackmail will be classed as illegitimate
- legitimacy of the pressure will be based on the demand
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1. in a purely commercial setting, its normal for parties to act in their own commercial self- interest
- requires more to show that the threat causes compulsion
