Duress Flashcards
(14 cards)
Confirms it is voidable
Corporation wanted to buy Mrs. land. She only agreed because told if she did not sell it would be taken anyway by compulsory purchase. In reality, there was no plan for this to happen.
Smelter Corporation v O’Driscoll
92 year-old man was abducted by relatives, and subsequently executed a deed in favour of one of those relatives.
Lessee of Blackwood v. Gregg
A threatened B with death if B did not execute a document. B executed the document, later alleging duress
UK general rule.
Barton v. Armstrong
Business threats only as part of physical pressure
Pressure by Russia
The Law Debenture Trust Corporation plc v. Ukraine
He was made to marry her to not have a child outside of marriage.
girl’s child was not his
threatened with dishonour by his parents
Griffith v. Griffith
parental pressure is duress
MK v McC
contract obtained by threatening criminal prosecution of a near relative constitutes duress
Rourke v Mealy
Miscalculation, needed to increase the rate, agreed because of impacts and urgency - economic duress
Atlas Express v. Kafco
Threat of industrial action unless a payment was made; consent was induced by illegitimate pressure. Basic rules for no alternatives.
Monrovia v. International Transport Workers
Must be no alternative, no independent advice, Illegitimate threat, causal link
Times Travel (UK) Ltd. v. Pakistan International Airlines
Workers threatened to stop work unless paid extra; the victim had no reasonable alternative
B & S Contracts v. Victor Green Publications
Recognized it would be economic duress to demand more money due to poor prediction of exchange rates but laches
North Ocean Shipping v. Hyundai Construction
Being in a bad financial situation and agreeing to a lower sum to get it quicker is not without consideration. No duress: wage pressure is universal
Rogers v. Iaralco
supplier threatening not to supply in future in circumstances where there is no legal obligation on it to supply in future
Smith v Charlick
