Duress and Undue Influence

Question 1

Barton v Armstrong 1976

Answer 1

Duress

Threat - Significant but not But For

Question 2

DSDN Subsea v Petroleum Geo Services 2000

Answer 2

Duress

Breach of Contract not equal to Economic Duress - inequitable pressure?

Question 3

R v Attorney General 2003

Answer 3

Overwhelming pressure not Duress

No presumption of undue influence - not require explanation

Question 4

Allard v Skinner 1887

Answer 4

Undue Influence

Called for Explanation

Question 5

Credit Lyonnais Bank Nederland NV v Burch 1997

Answer 5

Undue Influence

Presumption of UI - real of trust + confidence

Question 6

Royal Bank of Scotland v Etridge (No 2) 2001

Answer 6

Undue Influence

Manifest Disadvantage

Question 7

Nat Westminster Bank v Morgan 1985

Answer 7

INEQUALITY OF BARGAINING POWER (Now Rejected)

The transaction itself needs to be wrongful

Question 8

Lloyd Bank Ltd v Bundy 1925

Answer 8

INEQUALITY OF BARGAINING POWER (Now Rejected)

Denning Introduced Principle