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6 Cards in this Set
- Front
- Back
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Physical threats in part causing claimant to enter contract
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Barton v Armstrong (1975)
- Defendant threatened to kill Barton if he didn’t buy his shares in a company. - Barton did so, but would have in any case. - Held that Barton was entitled to remedy because it was sufficient that the threat was one factor among other factors. |
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Case of illegitimate economic pressure
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Atlas Express v Kafco (1989)
- Kafco were a small business whose wares were being distributed to Woolworths by Atlas - Contract specified £1.10 per box but not how many boxes. Atlas said they would not transport for less than £400 per load. - Kafco agreed to the extra but then didn’t pay. - Held that the promise was extracted under duress and Atlas gave no consideration for the extra promise (Stilk v Myrick) |
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Existing contractual obligation can be good consideration for more money
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Williams v Roffey (1991)
- If not extracted by duress - Other party obtains some benefit |
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Ingredients of actionable duress
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Carillion Construction Ltd v Felix (UK) Ltd (2001), Ingredients of actionable duress:
- There must be pressure whose effect is compulsion or lack of practical choice for the victim - Pressure must be illegitimate - Must be a significant cause inducing claimant to enter the contract |
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Factors to consider in Carillion
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- Has there been an actual or threatened breach of contract?
- Has person allegedly exerting pressure acted in good or bad faith? - Did victim have realistic practical alternative? - Did the victim protest at the time? - Did the victim affirm or seek to rely on the contract? |
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Case of duress where rescission was barred
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North Ocean Shipping v Hyundai Construction Co (The Atlantic Baron) (1979)
- Shipbuilders threatened to stop work if customer didn’t pay more money - Customer had to, because another contract relied on completion - Took delivery, paid and claimed for rescission eight months later - Rescission was barred due to affirmation (the payment) and delay |
