Duress Flashcards
Consequence of duress
Voidable contract
If victim of duress did not seek to avoid contract as soo as it passed …. No remedy available
North ocean shipping co v Hyundai construction co
Defendant threatened to breach contract with plaintiff to build ship
Unless it agreed to pay 10% extra— on agreed price
After ship delivered— plaintiff company — did not immediately seek return of additional sum
Failure — amounted to affirmation of contract
Economic duress
North ocean shipping co c Hyundai construction
Griffith v Griffith
Sought marriage annulment
Met wife @ age of 19, she was 16
Pregnant 3 months later
Forced to marry
Family threatened disgrace and imprisonment
Held- duress
Threats of violence
Kaufman v gerson
Types
Economic
Physical