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Mapa mental

Duress

Tan Nah Contract Law Inglês

Conteúdo do mapa

Duress

  1. 'some form of coercion or threat to the person, property, or to a person's financial interests'

    • Poole
  2. 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
  3. 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
  4. 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
        • which is a significant cause inducing c to enter contract
          • 'but for'
            • Huyton v Peter Cremer
  5. 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

Informações

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Contract Law Mapa Mental sobre Duress, criado por Tan Nah em 04-06-2018.
Criado por
Tan Nah
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