Economic Duress Flashcards
What was the ruling in Universe Tankships v ITWF?
Blocking a ship left no choice but to pay, this was duress.
What did the court suggest in Pao On v Lau Yiu Long?
The court suggested factors that would show coercion/lack of choice.
What did the court rule in CTN Cash & Carry v Gallagher regarding credit?
Withdrawing credit is a legitimate move that can be done anytime.
What was the illegitimate action in Progress Bulk Carriers v Tube City?
Cornering C into signing exclusion clause to get ship was illegitimate.
What was deemed illegitimate pressure in Atlas Express v Kafco?
Breaching by not delivering property was illegitimate pressure.
What does Siboen and Sibotre illustrate about duress?
Duress as exploited weaknesses in shipping industry.
What was the ruling in Times Travel v PA regarding waiver?
Waiver insisted on, but not in bad faith. No illegit threat.
What did DSND Subsea v PGS determine about stopping work?
Reasonable to stop working without proper insurance etc, not duress.
What was the outcome of Atlantic Baron regarding duress complaints?
8 months too long to complain about duress, contract affirmed.
