07 Duress, Undue Influence and Unconscionability Flashcards
Duress: Duress is an illegitimate form of pressure which presents the innocent party with no practicable alternative and so the law deems consent to have been vitiated, making the contract voidable. [1983]…
Universe Tankships
Duress to the Person and to Property: The threat of violence, detention or threats against another, or threats to take or damage property are illegitimate pressures [1976]…
Barton v Armstrong
*Economic Duress: Currently economic duress requires a ‘but for’ test to be applied [1999]…
Huyton v Cremer
*Economic Duress: Generally, commercial pressure will not be economic duress [1980]…
Pau On v Lau Yiu Long
Lawful Act Duress: A party’s exercise of a right for a legitimate purpose cannot amount to duress [2003]…
R v Attorney General
Undue Influence: Undue influence is about the defendant’s reprehensible conduct in inducing the claimant’s agreement to the contract [2001]…
Royal Bank of Scotland v Etridge (no. 2)
Undue Influence: Undue Influence can be viewed as contrary to authority [1887]…
Allcard v Skinner
Undue Influence: Undue influence can apply equally to gifts and contracts. [1887]…
Allcard v Skinner
*Proved Relationship of Influence: A relationship may arise in a one off dealing [1952]…
Tufton v Sperni
Proved Relationship of Influence: The unfairness of the transaction might provide strong evidence of a relationship of influence [1997]…
Credit Lyonnais v Burch
Unconscionable Bargain: In which a wife in the process of a divorce transferred her share in the matrimonial home to her husband without independent advice and for inadequate consideration [1957]…
Cresswell v Potter
Absence of Adequate Advice: Lord Denning said that throughout all the threads relating to unfairness, the common theme was inequality of bargaining power. [1975]…
Lloyds Bank v Bundy
Duress: It used to be said that the effect of duress was that the victim’s will was overborne. However this was rejected by the criminal law [1975]…
DPP v Lynch
