18745511
Description
Flashcards by allie hatch, updated more than 1 year ago
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Created by allie hatch
over 5 years ago
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| Question | Answer |
| what is duress ? | when a person enters an agreement as a result of threats |
| what happens to the contract if duress is found ? | the contract is voidable |
| is there a need to prove that 'but for' the threat V would not have entered the contract ? case? | NO Barton v Armstrong |
| what is the case for a threat towards future business ? | CTN Cash & Carry v Gllaher |
| duress to goods.. a threat to seize anothers property or to damage it will result in what ?? case? | in NO CONTRACT Dimskal Shipping v Intermational transport Worker |
| what are the two essential conditions of economic duress ? case? | 1. coercion of the will that vitiates consent 2. that the pressure or threat must be illegitimate pao on v lau yu long |
| case for the legitimacy of the threat ? | DSND v Petroleum GEO |
| what does Kerr J say about economic duress ? | has to be illegitimate pressure and compulsion |
| what happens to the contract if it is under economic duress ? | can null the contract if threats to a persons financial or business interests |
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