economic duress Flashcards
1
Q
What is economic duress
A
someone enters a contract due to financial threats and pressure that goes beyond the usual rough and tumble of business dealings
2
Q
Case that shows and example of economic duress
A
Atlas express v kafco
3
Q
what are the tests for economic duress
A
1.Did D leave C a lack of practical choice
2.Is the pressure illegitimate
3.the illegitimate pressure is a significant cause of making the contract
4
Q
define lack of practical choice + case
A
C had no choice but to agree - Universe tankships v ITW
5
Q
case for illegitimate pressure
A
Poa on v Lau yiu long
6
Q
if a threat is lawful is it economic duress + case
A
no - CTN cash and carry v gallagher
7
Q
case for illegitimate pressure being a significant cause of making the contract
A
progress bulk carriers v tube city
