Mind map
Duress
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Duress
'some form of coercion or threat to the person, property, or to a person's financial interests'
- Poole
duress of the person
- eg threats to kill or violence to someone if they do not vary contract
- causaton
- duress does not need to be 'the' reason for entering contract, just 'a' reason
- Barton v Armstrong
- duress does not need to be 'the' reason for entering contract, just 'a' reason
duress to goods
- eg threats to burn down someone's house if they do not sign a contract
- causation
- 'but for' test
- 'but for' the duress, c would not have entered into contract
- The Siboen & The Sibotre
- 'but for' the duress, c would not have entered into contract
- 'but for' test
- causation
- eg threats to burn down someone's house if they do not sign a contract
economic duress
- eg knowing c has no other option but to enter into contract so financially exploiting that (eg demanding double payment because no other taxis available)
- variation made under duress is voidable
- DSND Subsea v Petroleum Geo
- must be pressure resulting in
- lack of practical choice for victim
- did v have any realistic practical alternative but to submit to the duress?
- B&S Contracts v Victor Green
- stalls needed to be set up for a show
- Atlas Express v Kafco
- christmas baskets had to be delivered on time
- Carillion Construction v Felix
- sub-contractors referring to main contractor's penalty clause as reason for delaying
- which is illegitimate
- threatened breach of contract?
- highly likely to be illegit (though not necessarily so)
- Atlas Express v Kafco
- B&S Contracts v Victor Green
- Kolmar v Traxpo
- pressure applied in good/bad faith?
- 'bad faith' is an attempt to claim money that you know you are not entitled to
- DSND Subsea v Geo
- refusing to continue dangerous diving work without insurance was not bad faith
- CTN v Gallagher
- a threat to not contract in future is legit and not bad faith
- The Universe Sentinel
- although was legit for dockers to strike, it was bad faith for them to do so in order to extort money from ship's owners
- Alec Lobb v Total Oil
- a freely negotiated hard bargain is not duress
- did victim protest?
- at the time threat was made?
- B&S Contracts v Victor Green
- protested immediately
- Atlas Express v Kafco
- protested at the time and sued afterwards after submitting to duress
- did victim affirm?
- did v immediately seek redress or affirm the contract by not acting?
- The Atlantic Baron
- 8 months was too long before going to court. held to have affirmed.
- DSND Subsea v Geo
- variation wasa only protested on grounds of duress at a later date
- threatened breach of contract?
- which is a significant cause inducing c to enter contract
- 'but for'
- Huyton v Peter Cremer
- 'but for'
- lack of practical choice for victim
- must be pressure resulting in
renders contract / variation voidable
- if variation, original contract remains legit, only the variation under duress is voidable
- voidable = remains valid until victim takes perpetrator to court to get contract set aside
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- Contract Law Mind Map on Duress, created by Tan Nah on 04/06/2018.
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- Tan Nah
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