Economic Duress Flashcards
What
Any contract made where one party is forced into is void
3 things needed
Under kafco
Illegitimate pressure
Cause C to enter contract
No reasonable alternative
Economic duress is
The he threat to damage business or person financially
Economic duress to properly
Siboen- threat to property can count in serve circumstances
What case states what kind of pressure is illigitimate
Pao on V lau yiu long
What makes pressure illegitimate
protest
any other reasonable course of action
Not independently advised
After entering contract did C take steps to void it
Can lawful acts be illegitimate pressure
Times travel V Pakistan international airways
Yes if made in bad faith
Threat to breach contract illegitimate pressure?
Yes
If in bad faith
Kolmar group
What must duress be
Illegitimate for successful claim
CNT cash V gallagher
3 requirements for economic dursss
Illegitimate pressure
Cause c to enter contract
No reasonable alternative
Cause c to enter contract case
Carillon V felix
Had no reasonable alternative case
Times travel V Pakistan international airways
What must the pressure be
more than ordinary commercial pressure
Williams V roffeey
Remedies
Money extracted from economic duress must be repaid
Universe tankship V international transport works federation
What happens to contract once duress has been established
Money received is repaired
Contract is recission
