Duress

Question 1

Barton v Armstrong

Answer 1

Threat only needs to be a part of the inducement

Question 2

The Evia Luck

Answer 2

Established economic duress

2 elements:
Pressure inducing the other party to enter into the relevant contract
The pressure is illegitimate

Question 3

CTN Cash

Answer 3

Commercial pressure vs illegitimate threat

Question 4

The Atlantic Baron

Answer 4

Time limit to economic duress

Question 5

Atlas Express

Answer 5

Economic duress in a commercial contract where one party felt like they had no alternative option

Question 6

Alec Lobb

Answer 6

Refusal to waive an existing contractual obligation does not constitute duress

Question 7

The Universe Sentinel

Answer 7

Coercion of the will is not consent

Question 8

DSND Subsea

Answer 8

Illegitimate pressure:
Was there an actual or threatened break of contract?
Did the person exerting the pressure act in good or bad faith?
Did the victim have realistic practical alternatives to submitting to the pressure?
Did the victim protest at the time?
Did the victim affirm or seek to rely on the contract?

Question 9

R v AG for England and Wales

Answer 9

Two elements of duress; 1) pressure amounting to compulsion of the will of the victim, 2) pressure has to be illegitimate

Question 10

Progress Bulk

Answer 10

Lawful act duress

Question 11

Pao On

Answer 11

1) whether the victim protested 2) whether the victim had an alternative 3) whether the victim took prompt steps to aboid the contract 4) whether the victim had independent advice

Question 12

Pao On

Answer 12

1) whether the victim protested 2) whether the victim had an alternative 3) whether the victim took prompt steps to aboid the contract 4) whether the victim had independent advice