Economic Duress
Duress to the Person
Barton v Armstrong
Duress applied in the way of threats to your physical person will suffice to make
any agreement made under that duress void – does not have to be the only reason
Astley v Reynolds
Extra payment was made under compulsion – and paid in reliance on his legal
right to claim it back
Economic Duress
Threats to a persons financial, business or economic interests
E.G. threat to breach a existing contractual obligation if either an increase in price
is not paid or some new contract entered into
Williams v Roffey Bros and the importance of the absence of any economic
duress
Siboen v Sibotre
Obiter – contract may be voidable because economic duress was present when
contract was made
Must differentiate between ‘mere commercial pressure’ (which is legitimate) and
pressure which amounts to a ‘coercion’ or ‘compulsion of a person’s will’ (which
You've reached the end of your free preview.
Want to read the whole page?
- Fall '17
- John Jupp
- economic duress, Barton, Roffey Bros, Astley, Lords Goff
