Economic Duress Flashcards
Economic duress
When extreme coercion has rendered the contract unviable
5 conditions of duress+cases
Pressure exerted (North Ocean Shipping v Hyundai)
Pressure was illegitimate (Atlas Express v Kafco)
Pressure induced claimant to enter contract (Barton v Armstrong
No choice to enter (Universe Tankships v ITWF)
Claimant protested at time/shortly after (NOS v Hyundai)
North Ocean Shipping v Hyundai
D threatened not to build ship if not payed extra. C agreed. Pressure was exerted, but he left it 8 months so lost right to recover sum. (Wasn’t shortly after/at time)
Atlas Express v Kafco
Pressure illegitimate.
Barton v Armstrong
Pressure induced party to contract. Threatened to kill
Universe Tankships v ITWF
No choice but to enter. Prevented ship leaving, demanding fee