Duress Flashcards
What are the different forms of duress?
Threats of violence
Threats of unlawful restraint
Threats to property
Economic duress
What is duress and undue influence?
A person or party has been forced into a contract
What cases show threats of violence
Barton v Armstrong
What case shows threats of unlawful restraint
Cummings v Ince
What cases show threats to property?
The Simeon and the subotre
What cases show economic duress
Atlas express v Kafco
Pao on v Lau You Long
What was held in Barton v Armstrong
Duress could not be pleased since it was not established that the agreement would not have been entered into without the threats being made. However, privy council later ruled that a plea of duress should stand even if the death threat was not the only reason for entering into a contract
What was held in Cummings v ince
Elderly lady told to sign over her property or face not ever having a committal order to a mental asylum lifted - contract was void
What was held in the siboen and the sibotre?
Serious threats consituted burning a house or damaging expensive paintings should be considered as duress - duress covers property in the most serious circumstances
What was identified in Pao On v Lau Yiu Long as the four matters to consider in economic duress?
Did the person claiming to be coerced protest?
Did the person have another viable course of action?
Were they independently advised?
After entering into the contract, did they take steps to avoid it?
