Duress

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Flashcards on Duress, created by allie hatch on 22/07/2019.
allie hatch
Flashcards by allie hatch, updated more than 1 year ago
allie hatch
Created by allie hatch almost 5 years ago
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Question Answer
what is duress ? when a person enters an agreement as a result of threats
what happens to the contract if duress is found ? the contract is voidable
is there a need to prove that 'but for' the threat V would not have entered the contract ? case? NO Barton v Armstrong
what is the case for a threat towards future business ? CTN Cash & Carry v Gllaher
duress to goods.. a threat to seize anothers property or to damage it will result in what ?? case? in NO CONTRACT Dimskal Shipping v Intermational transport Worker
what are the two essential conditions of economic duress ? case? 1. coercion of the will that vitiates consent 2. that the pressure or threat must be illegitimate pao on v lau yu long
case for the legitimacy of the threat ? DSND v Petroleum GEO
what does Kerr J say about economic duress ? has to be illegitimate pressure and compulsion
what happens to the contract if it is under economic duress ? can null the contract if threats to a persons financial or business interests
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