Illegitimate Pressure

• threat to small firm by large firm 


  atlas express v kafco
• threat to cancel a contract giving agreed notice

  -> lawful act duress can be illegitimate

  times travel v pakistan international airlines
• compulsion or lack of practical choice for the innocent party 


  universe tankships v international transport workers federation

  2 elements of duress identified

  • compulsion of will/absense of choice
  • illegitimacy of pressure
• 4 factors when determining illegitimate pressure - pao on v lau yiu long 


  1. did the person claiming coercion protest
  2. were there any other reasonable available courses of action
  3. was he independently advised
  4. after entering, did they takes steps to make the contract void
• not available where action threatened is lawful 


  CTN cash and carry v gallagher

  unlawful = threat to commit crime/tort/breach contract

  lawful = D must show:

  • threatening party doesnt believe its owned what its claiming
  • threatening party deliberately created/increased parties vulnerability
  • D must have behaved in highly reprehensible way - demand made by bath faith/stronger party is not enough on its own
• pressure can be illegitimate even if its lawful - in exceptional circumstances 


  R v AG for england and wales - lord hoffman -> legal pressure does not make it legitimate

  Progress Bulkcarriers v Tube city - past unlawful and threat of future unlawful act is illegitimate