Economic Duress Flashcards
(9 cards)
What is economic duress defined as
Economic duress is where the illegitimate pressure that compelles D to the contract
What’s the 2 parts of the structure
Illegitimate pressure
Compelled to contract
CTN v Gallagher
If the pressure was just ordinary commercial pressure, this cannot be economic duress
Atlas express v kafco
Illegitimate pressure needs to be threatening to breach a contract or commit an illegal act
William v Rofey
A mere indication that a contract may not be able to be completed is not illegitimate pressure
Universe sentinel
Illegitimate pressure if there’s force
Pao on
Gives us test for completed the contract
1. They protested about the pressure
2. There’s was no other practical actions that could’ve been taken
3. Not independently advised
4. Was there a delay in suing
Atlas v kafco
Succeeded
The Atlantic baron
Failed