Economic Duress Flashcards
What is definition of economic duress
Pressure which goes beyond usual rough and tumble of business Interfoto v Stilleto
What must threat be
Unlawful Atlas Express v Kafco
Ordinary commercial pressure not enough Siboen v Sibotre
What does a lawful threat include
A threat not to renew a contract or let a company go bankrupt
Indication that party is unable to continue with contract Williams v Rofey
What are the final points on economic duress
Legitimate threat made in bad faith can be basis for a claim Times travel v Pakistan
Threat must have negated consent and left defendant with no choice but to enter contract Pao On v Lau Yui Long
Party must have protested at time or shortly after contract made Atlantic Baron
Party seeks legal advice before complying seen as a business decision
