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Contract - Duress (Types of duress (Duress to the person (Barton v…

- - - - Originally thought would not result in setting aside - Skeate v Beale (1841)
    - - Must be pressure, resulting in...
        
        a) Lack of practical choice for the victim,
        
        Dyson: "Whether the victim had any realistic practical alternative but to submit"
        
        B&S Contracts & Design Ltd v Victor Green Publications Ltd (1984) - B&S went on strike and tried to pass cost onto the customer - cancellation of contract would have caused serious damage to defendant's economic interests
        
        Atlas Express v Kafco Ltd (1999) - like Traxpo, Atlas realised they would make a loss and told Kafco that they wouldn't deliver for Christmas time - heavily reliant and had no alternative
        
        b) Which is illegitimate, and
        
        Factors to consider
        
        Threatened breach of contract? # # #
        
        Was pressure applied in good or bad faith?
        
        Bad faith # # # #
        
        North Ocean Shipping v Hyundai (The Atlantic Baron) - lengthy delay - contract confirmed - contrast with immediate action to avoid
        
        Universe Tankships Inc of Monrovia v International Transport Workers' Federation (The Universal Sentinel) (1983)
        
        Good faith #
        
        CTN v Gallaher (1994)
        
        Did victim protest? # #
        
        Did victim affirm? # # #
        
        If there is no illegitimate pressure, there is no duress
        
        Alec Lobb v Total Oil (1983) - "a hard bargain"
        
        R v Attonrey General of England v Wales (2003) - "overwhelming pressure" but no duress
        
        c) Which is a significant cause inducing the claimant to enter into the contract
        
        Huyton S.A. v Peter Cramer - "but for"
        
        Per Dyson J, DSND Subsea v Petroleum Geo Ltd (2000)
        
        Affirmed in Carillion Construction Ltd v Felix Ltd (2001) - Felix knew they were only people able to supply cladding in time and Carillion needed to avoid heavy fees for late competition #
        
        Kolmar Group AG v Traxpo Enterprises Ltd (2010) - Traxpo refused to release ship and checmicals until Kolmar agreed a variation - needed to satisfy order to very important client who needed it urgently #