Economic Duress Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is definition of economic duress

A

Pressure which goes beyond usual rough and tumble of business Interfoto v Stilleto

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What must threat be

A

Unlawful Atlas Express v Kafco
Ordinary commercial pressure not enough Siboen v Sibotre

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does a lawful threat include

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the final points on economic duress

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly