Duress to person - death threats - no need to prove 'but for' - they just had to be a cause
1 of 8
The Sibeon v The Sibotre
first case to recognise that duress of goods was possible - however it was not successful in this case
2 of 8
CTN Cash & Carry v Gallagher
Threat must be legitimate - the threat made in this case was lawful so economic duress could not be established
3 of 8
The Atlantic Baron
left their claim 8 months - so even tho economic duress was present - they had lost their right to rescind due to lapse of time
4 of 8
Alec Lobb Garages
No economic duress where someone refuses to waive a contractual right - Total held all power but claimant knew what he was getting into
5 of 8
B + S Contracts and Design Ltd
no specific threat but claimant put in impossible position by D's refusal to negotitate
6 of 8
DSND Subsea Ltd v Petroleum Geo Services ltd
sets out economic duress checklist (see notes)
7 of 8
CTN Cash and Carry Ltd v Gallagher
thought the threat to withdraw facilites was lawful for them to do in their contract - could have been lawful act duress but in this case it was not - said to be 'commercial muscle'
8 of 8
Other cards in this set
Card 2
Front
first case to recognise that duress of goods was possible - however it was not successful in this case
Back
The Sibeon v The Sibotre
Card 3
Front
Threat must be legitimate - the threat made in this case was lawful so economic duress could not be established
Back
Card 4
Front
left their claim 8 months - so even tho economic duress was present - they had lost their right to rescind due to lapse of time
Back
Card 5
Front
No economic duress where someone refuses to waive a contractual right - Total held all power but claimant knew what he was getting into
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