economic duress

• atlas express v kafco: economic duress is a threat to a business or person financially
• universe v international transport: economic duress must have:

  compulsion of the will

  illegitimacy of the pressure
• pao on v lau yiu long: illegitimate pressure identified by 4 factors:

  • did the coerced protest?

  •was there another course of action?

  •were they independently advised?

  •did they take steps to avoid it
• Barton v Armstrong

  a contract with duress mag involve threats or violence
• Allcard v Skinner

  undue influence is when one party enters the contact due to the result of pressure
• if duress is found, the contract will be voidable
• remedies for duress

  no damages, but restitution of property or money
• Times Travel v Pakistan Airlines:

  ordinary commercial pressure will not amount to unlawful threat
• if person seeks independent advice and then agrees, may be seen as a business decision not economic duress