duress Flashcards
what is duress?
when a party claims they have been forced into entering a contract or changing the terms of a contract
what conduct amounts to duress?
use of violence or intimidation, injures or damages property, stalking
what is the maximum penalty that can be given to a guilty person of an offence of duress?
on summary conviction - €2,500 fine or up to 12 months imprisonment
on indictment - a fine or up to 5 years imprisonment
if duress is found is the contract void?
the contract is not void ab initio it is found to be voidable, which means it can be lost through delay or approbation
give two examples of cases for physical duress.
lessee of Blackwood v Gregg
byle v byle
what is economic duress?
occurs where one party obtains a benefit from another party by exerting economic or commercial pressure on that party.
what are the three criteria for economic duress?
how much is the party asking for?
what is the reason for asking for extra money?
how much notice was given?
give example of 2 cases for economic duress.
atlas express v kafco
hearn v Collins
what is the test for duress?
the illegitimacy of the threat
the lack of reasonable alternatives
what is an English case of economic duress?
universe tank ships of Monrovia v international transport workers federation
what test did lord scarman set out to determine if duress was justifiable?
did the person protest?
was there an alternative course open to him?
was he independently advised?
after entering the contract, did he take steps to avoid it?
what are the rules around making the contract void?
the claim to duress has to be made promptly after the threat is removed, if they don’t seek immediate relief its likely the contract will be seen to be mutual
what is a case where the delay to claim duress caused the contract to be upheld?
north ocean shipping v Hyundai construction co
