Economic Duress

Question 1

BARTON V ARMSTRONG- Duress to a person

Answer 1

• threatened with death
• business
• was economic duress

Question 2

SIBEON & SIBOTRE

Answer 2

• Vessels
• Bankrupt if don’t low cost
• this was untrue
• therefore was economic duress
• this was the first case to establish economic duress

Question 3

DURESS TO GOODS- Skeate v Beale

Answer 3

• tenant threatened to sell goods
• good does not amount to economic duress
• this case established that goods do not amount to economic duress.

Question 4

DURESS TO GOODS- Maskell v Horner

Answer 4

-This case established that goods can amount to duress

Question 5

COMMERCIAL PRESSURE - Atlantic Baron (North Ocean)

Answer 5

• This stated that commercial pressure could amount to duress
• However due to a time lapse they could not rescind the contract

Question 6

PAO ON v LAU YIU LONG

Answer 6

• established the four factors of hat economic duress is:
• Did the person claiming to be coerced protest?
• Did that person have any other available course of action?
• Were they independently advised?
• After entering into the contract, did they take steps to avoid it?

Question 7

Universal Sentinel

Answer 7

• identified:
• absence of choice
• illegitimacy of pressure

“The classic case of duress is, however, not the lack of will to submit but the victim’s intentional submission arising from the realisation that there is no other practical choice open to him.”

Question 8

illegitimacy of pressure- dimiskal v ITWF

Answer 8

• Threatened to strike

- there was clear coercion of will even though it was not unlawful/physical violence

Question 9

illegitimacy of pressure - CTN V GALLAGHER

Answer 9

• Cigarettes

- defendents conduct did not amount to economic duress

Question 10

illegitimacy of pressure- R v Attorney

Answer 10

-established it does not have to be unlawful

Question 11

IFR V FDERAL

Answer 11

-Not finding vitiate consent makes it voidable