Vitiating Factors (OCR A-Level Law): Flashcards
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Economic duress definition
Economic duress definition
Vitiating factor from improper financial threats removing choice
Two elements of economic duress
Two elements of economic duress
Coercion of the will AND illegitimate pressure
Coercion of the will meaning
Coercion of the will meaning
No realistic alternative but to agree to demand
Pao On v Lau Yiu Long factors
Pao On v Lau Yiu Long factors
Protest, alternatives, advice, attempts to avoid pressure
Illegitimate pressure meaning
Illegitimate pressure meaning
Improper threat, not normal commercial pressure
Atlas Express v Kafco holding
Atlas Express v Kafco holding
Threat to breach contract = economic duress
Williams v Roffey Bros holding
Williams v Roffey Bros holding
No duress: reasonable choice, no improper pressure
Economic duress remedy
Economic duress remedy
Contract voidable; right to rescission
Atlantic Baron timing principle
Atlantic Baron timing principle
8 month delay = affirmation, defeating claim
Alternative remedy for duress
Alternative remedy for duress
Damages in tort (like tort of intimidation)