Duress Flashcards
Allcard v skinner
Novice nun - undue influence
Economic duress def
Entering into a contract as a result of financial threats
The Sibeon and sibotre
Normal commercial pressure won’t be duress so negotiating new contract is simply business
Atlas V kafco
New term Obeaned through duress which would put kafco out of business - duress
Illegitimate pressure def
Must leave then with no choice but to make contract
Tankships v workers federation
Money extracted by blocking a ship - was duress so had b repaid
Pau on
Other party must - protest, take steps to make void etc
Atlantic baron
8 months - waited to long lost right to resined
Ctn cash V Gallagher
Lawful threst is not duress
Barton v Armstrong
Duress by threats - threatened to kill him if didn’t buy shares
3 points from tankships v workers federation
Pressure must b legitimate
Pressure must be main cause for making contract
Pressure must leave then with no practical choice but to make contract