Duress Case Cards

Question 1

North Ocean Shipping v Hyundai

Answer 1

Economic Duress. Failed to include currency fluctuation clause. Asked for more $. they gave more. Claimed Duress 8 months Later. If it had been claimed earlier it would be Duress.

Question 2

The Universal Sentinel

Answer 2

Economic Duress. ship blocked by union and company paid $. it was Duress at first instance.

1. Compulsion of the will - absence of choice
2. Illegitimacy of the pressure

Question 3

B&S v Victor green

Answer 3

Economic Duress. We won’t put up stands 1 week before concert unless more $.

Question 4

Alec Lobb v Total Oil

Answer 4

Commercial pressure. He was advised not to enter into deal by Lawyers

Question 5

Atlas v Kafco

Answer 5

Economic Duress, there was compulsion of the will and illegitimate pressure. Sign this new agreement or we won’t delver your goods.

Question 6

The Alev

Answer 6

Duress of Goods. More $ or no delivery

Question 7

Pao On

Answer 7

1) Did the person claiming to be coerced Protest
2) Did that person have any other available course of Action?
3) Were they independently advised?
4) After entering into the contract did they take steps to avoid it?