Duress

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  • Created by: Tiana H
  • Created on: 08-05-18 10:24
Barton v Armstrong
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

Preview of the back of card 3

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

Preview of the back of card 4

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

Back

Preview of the back of card 5
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