Vitiating Factors (AQA A-Level Law): Flashcards
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Economic duress definition
Economic duress definition
Threats to financial situation forcing contract formation/change
Economic duress is a...
Economic duress is a...
Vitiating factor
2 requirements for economic duress
2 requirements for economic duress
Coercion of will AND illegitimate pressure
Coercion of will factors (Pao On case)
Coercion of will factors (Pao On case)
Protest, alternatives, advice, steps to avoid pressure
Effect of economic duress on contract
Effect of economic duress on contract
Makes contract voidable (not void)
Primary remedy for economic duress
Primary remedy for economic duress
Rescission
Timing for rescission after duress
Timing for rescission after duress
As soon as possible after duress stops
Economic duress from third parties?
Economic duress from third parties?
Yes - e.g. trade unions (Universal Sentinel 1983)
Williams v Roffey Bros outcome
Williams v Roffey Bros outcome
NO economic duress - voluntary renegotiation for mutual benefit
Atlas Express v Kafco - economic duress?
Atlas Express v Kafco - economic duress?
YES - exploited vulnerability & timing (no alternatives)