Economic Duress Flashcards

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1
Q

What was held in Barton v Armstrong?

A

There is no obligation to show he would not enter into the agreement BUT FOR the threat

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2
Q

What was held in Skeate v Beale?

A

Duress to goods will not suffice to make a contract voidable

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3
Q

What is economic duress?

A

A person enters into a contract due to threats to damage a business/person financially

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4
Q

What were Lord Scarman’s remarks in Pao on v Lau Yiu Long?

A

“Duress is a coercion of the will so as to vitiate consent and it must be shown it was not a voluntary act”

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5
Q

What is the test for economic duress?

A
  1. Coercion of will
  2. Illegitimate pressure
  3. Significant cause
  4. C has no alternatives
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6
Q

What were Lord Scarman’s remarks in ‘The Universe Sentinel’?

A

“There should be a lack of any practical choice but to submit’

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7
Q

What did the Privy Council suggest in Pao On v Lau Yiu Long?

A

Factors which might be considered such as: protest, other options and independent advice

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8
Q

What is the remedy for economic duress?

A

They must seek rescission as soon as possible after the economic duress has stopped

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