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Duress (Week 13) - Coggle Diagram

- - - - Astley v Reynolds [1715] (explain/summary)
      - A contract may be voidable for duress of goods just as a payment actually made can be recovered if made under duress of goods
      - The Siboen & the Sibotre [1976] (A person coerced into a contract by a threat against property (e.g. house burn down) may claim duress)
    - - Cumming v Ince (1847) 11 Q.B. 112 (explain/summ.)
      - Kaufman v Gerson [1904] 1 K.B. 591 (summary/explain)
      - Barton v Armstrong [1976] (explain/summary)
  - - - In the case, the UKSC found that lawful act (Economic) duress was not made not out on the facts, but the Judges disagreed on what L.A.D. is
      - Lord Hodge - No Duress due to a lack of any "reprehensible means [used to] manoeuvre Times Travel into a position of increased vulnerability"
      - Lord Burrows - No Duress due to airline genuinely believing that it wasn't liable to pay the disputed commissions. If negotiating this in bad faith, this would have = Duress
        
        There are questions of whether English law is developing a doctrine of Good faith (e.g. see: Leggatt J in Yamg Seng [2013]; and his Lordship in Al Nehayan [2018]