Economic Duress Flashcards
Economic duress
A party has been forced into a contract by a threat to damage them financially
Atlas Express v Kafco
Duress if someone has been coerced so much that they cannot properly consent and therefore have no choice
Duress if someone has been coerced so much that they cannot properly consent and therefore have no choice
Atlas Express v Kafco
Poa on 1979
Court must consider if:
- C protested about the pressure
- any other available course of action that was reasonable
- If C was given advice before taking action that would have avoided coercion being effective
- steps were taken to make the contract void
Court must consider if:
- C protested about the pressure
- any other available course of action that was reasonable
- If C was given advice before taking action that would have avoided coercion being effective
- steps were taken to make the contract void
Poa on 1979
Cash and Carry case 1994
unlawful pressure is duress
unlawful pressure is duress
Cash and Carry case 1994
Tube City 2012
lawful pressure can be duress
lawful pressure can be duress
Tube City 2012
Times Travel 2019
If pressure was lawful, bad faith must be proved for it to be duress
If pressure was lawful, bad faith must be proved for it to be duress
Times Travel 2019
Remedies
- declare the contract void
- restitution
What kind of remedy is restitution?
an equitable remedy
What is restitution?
Restores innocent party to pre-contract position
