economic duress Flashcards
(13 cards)
what are the 2 main things to prove in economic duress?
-there was illegitimate pressure
-that forces c into the contract
what is the case for legitimate pressure?
CTN Cash and Carry v Gallagher
what is the case for illegitimate pressure?
Atlas Express v Kafco
what case talks about indications?
Williams v Roffey
what does Williams v Roffery say about a mere indication?
a mere indication that a contract will not be completed is not illegitimate commercial pressure
what is the case example for illegitimate pressure?
Universe Tankships v ITWF
what case shows the factors that will prove that c was pressured?
Pao on v Lau yiu Long
what factors does Pao on v Lau yiu Long give?
-they protested about the pressure at the time
-there was no other reasonable/practical course of action that could have been taken
-they were not independently advised before contracting
-after making the contract, they tried to take steps to get out of the contract as soon as possible
what is the case for no other reasonable course of action?
Atlas Express v Kafco
what is the case for not protesting at the time?
The Atlantic Baron
what is the case for waiting a long time before trying to leave the contract?
The Atlantic Baron
what is the case for having other alternatives?
The Sibeon and The Sibotre
the end
