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duress - Coggle Diagram
duress
types of threat
physical
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Lesee of Blackwood v Greg 92 year old kidnapped, agreement set aside
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marriage
Griffith 19 year old married 16 year old after she got pregnant, thrreatened with prosecution if didn't marry - annulled - not acting voluntarily (child not his_
duress of goods
Smelter v O'Driscoll sought specific performance - led defendant to believe property would be bought if option to buy not included - led to believe would lose farm
economic duress
Tankships of Monrovia threat to black a ship unless sign collective agreement - duress - trade union
Atlas Express v Katco - job underpriced - told if don't pay higher amount won't be able to deliver - relucantly agreed to high price
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Evia - collective union threatened to black ship unless agreed to new terms (done by trade union in Sweden), practice legal in Sweden but not in England - illigitmate pressure - duress - voidable
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test for duress
Universe Tankships of Monrovia v Internaitonal Transport Workers Federation threatened to black ship,consent induced by pressure induced by pressure exrcised on him
dissenting - 4 factors - did person protect, was there an alternative course of action ,was he independently advised, did he take steps to avoid it
Victor Green constructing stands for fair, threat if don't pay stands won't be built - economic duress
Gordon v Roebruck immportant to differentiate if pressure is legitimate or part of normal bargaining
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