In which case was economic duress first recognised?

The Siboen and The Sibotre [1976] first recognised that economic pressure could amount to duress. Kerr J accepted that duress was not confined to threats to the person.

What happened in The Atlantic Baron [1979]?

The Atlantic Baron [1979] concerned shipbuilders who demanded an extra ten per cent after a currency devaluation. The court found duress but held that the owners had affirmed by delaying their complaint.

What factors did Pao On v Lau Yiu Long [1980] identify?

Pao On v Lau Yiu Long [1980] asked whether the victim protested, had an alternative course, and took independent advice. Prompt steps to set the agreement aside also point towards duress.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

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Legal Personnel

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Contract: Rules and Theory of Contract LawContract

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Contract: Express and Implied TermsContract

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Contract: Misrepresentation and Economic DuressContract

Topic overview What counts as an actionable misrepresentation Statements of opinion, intention and expertise Silence, half-truths and changing circumstances Inducement and reliance Fraudulent misrepresentation Negligent misrepresentation Innocent misrepresentation and remedies under the Act Rescission and the bars to rescission Economic duress

Contract: Discharge of ContractContract

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Contract: RemediesContract

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Criminal Law: General Elements of LiabilityCriminal

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Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

Criminal Law: Capacity DefencesCriminal

Topic overview Insanity: the M'Naghten rules Disease of the mind and the internal cause test The special verdict and disposal after insanity Non-insane automatism Self-induced automatism Voluntary intoxication by alcohol Intoxication by drugs and involuntary intoxication Specific and basic intent offences Drunken mistake and criticism of the capacity defences

Criminal Law: Necessity Defences and Preliminary OffencesCriminal

Topic overview Mistake as a defence Self-defence and the prevention of crime Reasonable force and householder cases Duress by threats and the Graham test Limits on duress: murder, association and evasive action Duress of circumstances Necessity Consent Attempt: the actus reus and more than merely preparatory Attempt: mens rea and impossible attempts

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Topic overview Article 5 and the right to liberty and security of the person Article 5 exceptions, safeguards and restrictions Article 6 and the right to a fair trial Article 6 and the nature of an absolute right Article 8 and the right to respect for private and family life Article 8 exceptions, restrictions and positive obligations Article 10 and freedom of expression Article 10 exceptions and restrictions Article 11 and freedom of peaceful assembly and association

Human Rights: Restrictions on Convention RightsHuman rights

Topic overview How a qualified right may lawfully be restricted Freedom of assembly and public order law Police powers of stop and search Police powers of arrest and detention Search of premises, terrorism powers and remedies Interception of communications and surveillance Confidentiality, official secrets and contempt of court Obscenity and the control of publication Defamation, trespass and harassment

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Topic overview Criticisms of the Human Rights Act The case for keeping the Human Rights Act The case for a UK Bill of Rights The case against a UK Bill of Rights The United Kingdom and the Convention system The Equality and Human Rights Commission Protection beyond the Human Rights Act The future of rights protection

The Nature of Law

Topic overview Legal rules, other norms and the sources of law Law and society: fault and competing interests Law and morality Law and justice: theories of justice

Contract: Misrepresentation and Economic Duress

Economic duress

3 things to know
Components 2 and 3

Overview

Duress in contract law, duress to the person and economic duress.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What is duress in contract law?

Numbers

What is duress to the person?

Key term

Define economic duress.

Questions from this subtopic

Each one with the model answer underneath.

1
What is duress in contract law?
Model answer
Duress is illegitimate pressure that leaves the other party with no realistic alternative but to agree. A contract made under duress is voidable at the victim's choice.
2
What is duress to the person?
Model answer
Duress to the person is a threat of violence to the contracting party or their family. Barton v Armstrong [1976] held that the threat need only be one reason for agreeing.
3
Define economic duress.
Model answer
Economic duress is illegitimate commercial pressure that coerces a party into an agreement. The pressure must go beyond ordinary hard bargaining.
4
In which case was economic duress first recognised?
Model answer
The Siboen and The Sibotre [1976] first recognised that economic pressure could amount to duress. Kerr J accepted that duress was not confined to threats to the person.
5
What happened in The Atlantic Baron [1979]?
Model answer
The Atlantic Baron [1979] concerned shipbuilders who demanded an extra ten per cent after a currency devaluation. The court found duress but held that the owners had affirmed by delaying their complaint.
6
What factors did Pao On v Lau Yiu Long [1980] identify?
Model answer
Pao On v Lau Yiu Long [1980] asked whether the victim protested, had an alternative course, and took independent advice. Prompt steps to set the agreement aside also point towards duress.

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