Duress Flashcards
Case law practise (14 cards)
A threatened B with death if B did not execute a document. B executed the document, later alleging duress. Threats need only be one reason for entering the contract for relief; contract voidable for duress.
Leading case: threats to life need not be sole cause; duress need only be a reason.
Barton v Armstrong [1976] AC 104
a 92-year-old man was abducted by relatives, and subsequently executed a deed in favour of one of those relatives. The trial judge left it to the jury to decide whether this abduction amounted to duress, and this holding was not disturbed on appeal.
a contract obtained through abduction or threats to life may be set aside
Lessee of Blackwood v. Gregg (1831)
Man threatened with dishonour and prosecution if he did not marry a girl he was alleged to have made pregnant. Later found not to be the father. Marriage contract voided for duress; threats overbore his will.
Duress can vitiate consent to marriage; threats of dishonour/prosecution.
Griffith v. Griffith [1944]
Shotgun marriage after pregnancy; both parties under pressure from parents. Marriage voided: both wills overborne by parental compulsion.
Both parties’ were overborned by duress can void marriage.
MK (McC) v. McC [1982]
Carrier demanded higher payment from manufacturer under threat of not delivering goods. Manufacturer dependent on contract with Woolworths- needed their basketware delivered. Agreement voidable for economic duress; consent induced by illegitimate pressure.
Duress must be more than commercial pressure; illegitimate threat required.
Atlas Express v. Kafco [1989]
Plaintiff agreed to reduced payment on invoices, claimed duress due to wage pressure and health. No duress: wage pressure is universal in business, not attributable to defendant’s conduct.
- The plaintiff invoiced the defendant for engineering services, but the defendant disputed the price. A compromise was reached where Iaralco paid a reduced sum. Rogers later sought the full amount, arguing the compromise was agreed under duress due to financial pressure to pay his employees’ wages.
Commercial pressure alone not duress; must be illegitimate.
Rogers v. Iaralco Ltd [2007]
Airline threatened to terminate agency unless agent waived claims. Contract about to end- needed new, so lawful. Niche travel agency to go from UK toPakistan. Lawful act duress only in exceptional circumstances; not established here.
lawful act duress
Pakistan International Airline Corporation v. Times Travel (UK) Ltd [2021] UKSC 40
Union threatened to boycott ship unless payment made. Shipowners paid to avoid disruption. Economic duress recognised; contract voidable if induced by illegitimate pressure.
Leading case: economic duress, test for illegitimate pressure.
Universe Tankships of Monrovia v. International Transport Workers Federation [1982] 2 All ER 67
Contractor threatened to cancel contract unless extra payment made due to workforce demands. Client faced reputational and financial damage if stands not erected at Olympia trade exhibition. Economic duress was established, as suing was not a practical solution.
Economic duress established where no reasonable alternative exists.
B & S Contracts & Design Ltd v. Victor Green Publications [1984] 1 ICR 419
Shipbuilder threatened to stop work unless extra 10% paid. Plaintiff paid, received ship, but delayed reclaiming payment. Duress found, but right to rescind lost by affirmation (delay in acting).
Economic duress; contract voidable, not void; must act promptly to rescind.
North Ocean Shipping v. Hyundai Construction Co [1979] QB 705
Commercial pressure to give guarantee; four evidential factors for duress articulated.
(i)Did the person protest?
(ii)Was there an alternative course of action open to him, such as a legal remedy?
(iii)Was he independently advised?
(iv)After entering the contract did he take steps to avoid it?
Pao On v Lau Yiu Long[1980] AC 614/ Universe Tankships of Monrovia
- UK case
- only physical duress and economic not alone
Debenture Trust Corporation v Ukraine
threat of prosecution of a family member if X does not enter contract
Rourke v Mealy
duress of goods
- compulsory purchasing order if she does not sign the deal herself- not the intent of the County Council- thought she had no other option- made that believe by plaintiff- not full consent - equitable jurisdiction as specific performance sought- no coherent jurisprudence
Smelter Corp v O´Driscoll
