Duress + Undue Influence

Question 1

Attorney General v R

Answer 1

Facts: • A former soldier made arrangements with a publisher to publish his account of his time in the gulf war
• British government brought action against him for breaching his confidentiality agreement
• Solider claimed it was signed under duress because if he didn’t sign it he would be removed from SAS

Judgment: No duress

L.P: Duress is illegitimate pressure amounting to the compulsion of the will of the victim:
1.) pressure 2.) Illegitimacy or pressure

Question 2

Pao On v Lau Yiu Long

Answer 2

L.P: Case for economic duress
Four stage test:
1.) Did person protest at the time 
2.) was there an alternative course 
3.) was person independently advised 
4.) did person take steps to avoid contract

Question 3

Barclays Bank v O’Brien

Answer 3

Facts: • After signing an increased remortgage deal securing her and husbands house against husbands business debts
• Bank tried to repossess house

Judgment: No Undue Influence

L.P: 2 categories of U.I:

1. ) Actual UI where C must prove direct exertion
2. ) Presumed UI: relationship of trust and confidence must be proved -> D must then rebut Assumption

Question 4

Lloyd’s Bank v Bundy

Answer 4

L.P: • relationship of confidentiality between bank and D