Economic Duress Flashcards
Economic duress
Enter contract due to financial threats
Undue influence
Pressure from superior - one party benefit at expense of other
Allcard v skinner
Novice nun - superior
Duress
Threats e.g blackmail, violence
Barton v Armstrong
Death threats
The Sibeon + siborte
Normal commercial pressure not economic duress - ‘rough and tumble of business’
Atlas v kafco
New term under ec duress - would have forced kafco out of business
Pressure
Must be illegitimate and significant to contract
Universal tankships v international transport workers federation
Money extract under by blocking a ship -ec duress - repay
Pao on
Protest?
Other course of action?
Independent advice?
Steps to make void?
CTN cash + carry v Gallagher
Lawful threat not ec duress
Atlantic baron
8 months - wait too long - rescind
Progress bulk carriers ltd v tube city
Lawful threat can still be illegitimate
