duress Flashcards
1
Q
1) pressure exerted on the contracting party
(includes violence, threats of violence & economic duress)
A
Barton v Armstrong
2
Q
illegitimate economic pressure
A
The Atlantic Baron
3
Q
2) pressure exerted was illegitimate
(threat to do an unlawful act)
A
Atlas Express Ltd v Kafco)
4
Q
a threat to resort to lawful act does not generally constitute duress
A
(CTN Cash and Carry v Gallagher)
5
Q
genuine intent to renegotiate
A
(Williams v Roffey)
6
Q
pressure induced the claimant to enter the contract
A
(Barton v Armstrong)
7
Q
4) no real choice but to enter the contract
A
The Universe Sentinel)
8
Q
5) the claimant protested at the time or shortly after the contract was made
A
(The Atlantic Baron)
