With a growing open access offering, Wiley is committed to the widest possible dissemination of and access to the content we publish and supports all sustainable models of access. Long [1980] AC 614. All you have to do now is confirm your email address by clicking the button below. Given the rather vague concept of morally and socially unacceptable conduct formulated in CTN5, it is unsurprising that the court was directed towards blackmail in order to rationalise the concept of lawful duress. The defendants told the claimants that they would go bankrupt if they did not lower the cost of charter. Web(Kerr J, Occidental Worldwide Investment Corporation v Skibs A/S Avanti (The Siboen and The Sibotre) [1976] 1 Lloyds Rep 293) The decision of Kerr J, was then affirmed by Lord 1990 Modern Law Review pressure must have been decisive or clinching. (Mance J), Pao On v Lau Yiu Long [1980] AC 614 (Lord Scarman) Held: There was no economic duress. - Received independent legal advice [8]Barton v Armstrong [1976] AC 104 (Contract Law, 10th edn, Jill Poole pg564). Occidental Worldwide Investment Corporation v Skibs A/S Avanti (The Siboen and Sibotre): 1976. We do not provide advice. WebOccidental Worldwide Investment v Skibs (The Sibeon & The Sibotre) [1976] 1 Lloyds Rep 293 The defendants chartered two vessels from the claimant. The shipowners did so because they most likely could not find other charterers due to the depressed state of the market. WebOccidental Worldwide Investment Corporation v Skibs (The Sibeon & The Sibotre) [1976] 1 Lloyds Rep 293 Case summary Following Kerr J's line of reasoning, economic duress was Singapore Law Watch Commentaries. [1992].1.All.ER.453 Indeed, Warren J, at first instance3, by way of analogy addressed blackmail as justification for the existence of lawful act duress accompanied by illegitimate pressure on the part of PIAC. They later sought to have the renegotiated contract set, Held: Whilst recognising that it would be possible to render a contract voidable for economic, duress, it was not established in this case. The Modern Law Review is a general, peer-refereed journal that publishes original articles relating to common law jurisdictions and, increasingly, to the law of the European Union. [10]Al.Nehayan.v.Kent [2018] EWHC 333 Copyright 2023 Maritime Insights & Intelligence Limited. Richards LJ also cited the finding in Occidental;[7] due to the lawfulness of the act itself the question was whether the nature of the demand constituted illegitimacy? Kerr J (obiter): But even assuming, as I think, that our law is open to further development in Wiley is a global provider of content and content-enabled workflow solutions in areas of scientific, technical, medical, and scholarly research; professional development; and education. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, In group of 3-5 students (Depending on the class, The defendants chartered two vessels from the claimant, that they would go bankrupt if they did not lower the cost of charter. The Modern Law Review Small business participation requirements may be included in the statement of work, A $2 million contract for general construction has been set aside for Historically Underutilized Business Zone (HUBZone) small businesses. The defendant argued Duress, whatever form it takes, is a coercion of the will so as to vitiate consent. In a unanimous ruling, Richards LJ held that where lawful pressure is utilised by a party to achieve an outcome to which it genuinely believes entitled, regardless of its objective reasonability, a claim under economic duress cannot proceed. The present appeal further highlights the myriad of ambiguities surrounding lawful act duress and its persisting uncertainty will undoubtedly continue to feed the quest for clarity in this area. To amount to economic duress there had to be a. coercion of the will so as to vitiate consent. The defendants contended that the under undue influence or in consequence of threats of physical duress. time when he entered into it. 1,244 because otherwise the plaintiff would refuse to supply them and that there was no other sought to rely on the indemnity contract. In 2010 agents of PIAC determined to commence proceedings, against PIAC, pertaining to unpaid commission which they were contractually owed. Gardiner[14] has suggested that the present appeal is testament to a swift retreat on the part of the judiciary to place the concept of lawful duress on a stable basis. - plaintiffs hired two vessels from defendants - plaintiffs contract would be cancelled. Use tab to navigate through the menu items. Due to the non-payment of the outstanding sums of the facilities by the defendant. WebInvestment and Securities Markets (BUST10032) Documents Popular Moral Panic Notes - Brief summary of theory and criticism. See also: The effect of a rescission of a compromise agreement settling the dispute may be to revive the original agreement. PIACs agent based in Birmingham, Times Travel (TT) (now the respondents) were financially dependent on the 2008 contract, with PIAC, due to the fact that their main source of custom came from the local Pakistani community. However, such an analogy was immaterial, as Richards LJ himself noted, when it is considered that blackmail by its very nature is a criminal offence which would indisputably render any species of contract void. consider in assessing whether economic duress was present: Did the person claiming to be coerced protest? With a growing open access offering, Wiley is committed to the widest possible dissemination of and access to the content we publish and supports all sustainable models of access. agreed to erect exhibition stands. duress, it was not established in this case. Furthermore, the demand coupled with a threat would need to be regarded as unreasonable by honest people. Our core businesses produce scientific, technical, medical, and scholarly journals, reference works, books, database services, and advertising; professional books, subscription products, certification and training services and online applications; and education content and services including integrated online teaching and learning resources for undergraduate and graduate students and lifelong learners. Duress, whatever form it takes, is a coercion of the will so as to vitiate consent. (2010). Held: Whilst recognising that it would be possible to render a contract voidable for, economic duress, it was not established in this case. As to the liability of a principal for misrepresentations by his agent: If one agent makes a fraudulent statement to another agent, intending the latter to pass the statement on to a third party, and this done, the principal will be liable; for in these circumstances the first agent is guilty of the complete tort of fraudulent misrepresentation, the second agent being his innocent agent. Exemplary damages are not available for breach of contract even if a contract breaker has made a similarly cynical calculation that it will benefit him more to break a contract than to perform it.As to the establishment of economic duress, Kerr J said that in a contractual situation commercial pressure is not enough. - Illegitimate pressure must be distinguished from the rough and tumble of Ds payment was voidable for economic duress. Enter the email address you signed up with and we'll email you a reset link. and more. unlawful detention of property in order to get the first defendant to agree to the price of RM The claimants therefore agreed to renegotiate the contract to lower the cost of. In the opening stages of the appeal, Richards.LJ was clear that one of the determining situations whereby a validly made contract could be avoided was one where bad faith could be said to exist. WebOccidental Worldwide Investments Corp. v Skibs A/S Avanti (1976) (Economic duress amounting to undue influence)-Due to world shipping recession charter rates had fallen. A week before the exhibition its workers refused to work Flower; Graeme Henderson), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Electric Machinery Fundamentals (Chapman Stephen J. Held: HC, Contract Act x not provide for any form of coercion other than as defined by S. for duress to amount to a defence the D should be able to show that his consent to the, agreement was not free in that such consent was caused by coercion as defined by S.15 this, e) Teck Guan Trading Sdn Bhd v Hydrotek Engineering (S) Sdn Bhd & Ors [1996]. The defendants told the claimants that they would go bankrupt if they did not lower the cost of charter. subscribers. The claimants feared that they would lose valuable customers and they were also, owed substantial amounts of money by the defendant which they feared they would lose if, the defendants did become insolvent. Founded in 1807, John Wiley & Sons, Inc. has been a valued source of information and understanding for more than 200 years, helping people around the world meet their needs and fulfill their aspirations. This case centred around an appeal, from the High Court to the Court of Appeal in 2018. building. Since its foundation over sixty-five years ago, The Modern Law Review has been providing a unique forum for the critical examination of contemporary legal issues and of the law as it functions in society, and today ranks as one of Europe's leading scholarly journals. The Court of Appeal held that no economic duress exists in commercial situations whereby a party utilises lawful pressure to achieve a result to which it genuinely believes itself to be entitled; regardless if the belief is objectively unreasonable. Courts will only recognize the existence of duress in extreme cases of pressure, thus When past consideration is good consideration. The question was whether the proposed defence had any reasonable prospect of success. supplier that could do so. .Cited Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others CA 14-Oct-2008 The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. LAWFUL ACT ECONOMIC DURESS: A CASE NOTE . charter. [5]Australia and New Zealand Banking Group Ltd v Karam [2005] NSWCA 344 D refused to comply with this, and the case reached Held: HC stated that coaxing is not coercion and persuasion is not prohibited in the way. Richards LJ acknowledged that for a validly constituted contract containing the requisite legal elements, of agreement and consideration, to be deemed as void needed to cross a high threshold. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address c/o Hackwood Secretaries Limited, One Silk Street, London EC2Y 8HQ, United Kingdom. The difficulty in defining these boundaries was most recently demonstrated in Times Travel Ltd v Pakistan International Airlines Corporation[2]; the subject of this present appeal. Alongside, to redress the narrow doctrine of duress at law, the equitable doctrine of undue influence was developed. d) Perlis Plantations Berhad v Mohammad Abdullah Ang[1988] 1 CQ 670. It would be unlikely that PIAC were wilfully applying illegitimate pressure to TT; with the aim of TTs acceptance of revised contractual terms. Close. The ingredients of actionable duress are that there must be pressure, (a) whose The defendants told the, claimants that they would go bankrupt if they did not lower the cost of charter. duress to the person, the Court must in every case at least be satisfied that the leaving much coercive conduct outside the scope of duress doctrine. (Orit Gan The document also includes supporting commentary from author Nicola Jackson. Why then place small, commercial entities in isolation, in the absence of protective legislation? P agreed to sell their shares in the private company to D so that D could acquire the. Charter-party (Time) - Hire - Amount - Vessels chartered at rate of $4.40 per ton per month - Subsequent agreement by shipowners to reduce hire to $4.10 per month - Whether agreement induced by charterers' misrepresentation or made under duress - Remedies of shipowners. [7]Occidental Worldwide Investment Corp v Skibbs A/S Avanti [1976] 1.Lloyd's Rep 293 A/S Avanti (The Siboen and The Sibotre) [1976] 1 Lloyds Rep 293). WebIntroduction to Criminal and Constitutional Law business and management English For Oral Presentations (ELC590) diploma investment analysis (ba114) entrepreneur (dpb 2012) entrepeneurship (MPU 22012) Equity and Trust I (LIA 2001) Pemikiran dan tamadun islam (CTU 151) Principles and Practice of Management (MGT 420) Introduction to Law - Need to protest ( North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd Lord Steyn is amongst numerous justices, who recognised that if inequality of bargaining power is to be codified, it is Parliaments responsibility. was exercising its legal right over its own property. The defendant was anxious to complete the main contract as there had, been a public announcement of the aquisition of shares and did not want to, undermine public confidence in the company and the consequent affect on share, prices. defendants (D) wanted to buy. The claimant then sought to enforce the guarantee and the. [1] Despite the recognition of lawful act duress, construing its constituent elements and the boundaries thereof have posed a significant challenge for the courts, as is established in the present appeal. Richards LJ was keen to emphasise, from the outset, that the present case did not constitute unlawful act duress whatsoever. Resultantly, Warren Js High Court judgment[3] was overruled in favour of PIAC, due to their genuinely held belief that they were not entitled to reimburse TT for unpaid commission from a defunct contract. party was overborne by compulsion so as to deprive him of any animus .Cited Crystal Palace FC (2000) Ltd v Dowie QBD 14-Jun-2007 The parties had agreed a compromise on the leaving of the defendant as manager. The defendants told the claimants, that they would go bankrupt if they did not lower the cost of charter. Contractual Free Will: Doctrines of Economic Duress & Undue Influence. [11]Andrew Burrows, Anson's Law of Contract (first published 2016, OUP) 67 - Adam Opel GmbH v Mitras Automotive Ltd [2007] EWHC 3205. plaintiff committing coercion on the first defendant. Richards LJ acknowledged that for a validly constituted contract containing the requisite legal elements, of agreement and consideration, to be deemed as void needed to cross a high threshold. Did that person have any other available course of action? Steyn LJs obiter comments in CTN[6] had an overarching significance for the ultimate conclusion reached in the appeal, which will become apparent later. To ensure the scheme went through, the liquidators entered into a settlement agreement with Mr Ting in which they agreed not to investigate his conduct as director. PIACs defence that they were exercising what they reasonably believed to be their lawful contractual rights, to both modify the system by which commission was paid and propose new contractual terms, was therefore reinforced. He had been released but had said he had not had contact with another London club . Held: The court found for the plaintiffs. Thus, there was no question of the Judicial recognition of the common law doctrine of economic duress has been established for over forty years in the United Kingdom. Held: Lord Scarman said: Duress, whatever form it takes, is a coercion of the will so as to vitiate consent. Charter-party (Time) - Withdrawal of vessels from service of charterers - Whether withdrawal justified. By so doing, TT released PIAC from the commission and remuneration claims. The effect of a rescission of a compromise agreement settling the WebThe main cases I will be referring to are Pao On and Lau Yiu Long (1980), Hartley v Ponsonby (1857) and Occidental Worldwide Investment v Skibs (The Sibeon & The Sibotre) [1976] 1 Lloyds Rep 293. The club now said that the agreement had been obtained by fraudulent misrepresentation. Where one party threatens breach of contract unless the contract is renegotiated and risk of However, in recent times the courts have moved away from the coercion of will phrasing Vitally important as it is for the law to facilitate the healthy functioning of competitive markets, there is arguably, somewhat of a dismissive abdication, on the part of the courts to adequately provide a degree of protection for the vulnerability of small, family businesses, such as TT. to vitiate his consent (Lord Scarman, Pao On v Lau Yiu Long [1980] AC 614). Occidental Worldwide Investment Corporation v Skibs A/S Avanti (The Siboen and The Sibotre) 1976 Unfair Terms in Contract (1984), both, lamented the lack of protection of unfairness in Indian contract law and made recommendations for statutory change /reports/rep199.pdf> accessed 26 November 2019, and 103rd Law Commission of India WebOccidental Worldwide Investment Corporation v Skibs C rented tankers to D. The charges were renegotiated but D said they had few funds and would go into insolvency if the price Plaintiff issued a letter of demand dated 4th June 2009 and demanded the defendant to settle, the debt within 14 days from the date that the letter had issued. any contractual decision), but one might also claim that parties always contract Since its foundation over sixty-five years ago, The Modern Law Review has been providing a unique forum for the critical examination of contemporary legal issues and of the law as it functions in society, and today ranks as one of Europe's leading scholarly journals. At common law, the law has always recognized that a contract must be entered into voluntarily and that a person who entered into a contract as a result of threats against the person would not be bound by the contract. Within the termination were terms for a New Agreement, providing that agents would agree to waive any existing claims arising from the commission dispute. Perhaps Richard LJs rigid adherence to the doctrinal, Diceyan view of private law, what is not prohibited is permitted,[15] signals a failure to elucidate the position of small companies pressured by the impervious terms of international monopolies. - Carillion Construction Ltd v Felix (UK) [2001] BLR 1; At the material time the defendant company (now the appellants), Pakistan International Airlines Corporation (PIAC) was the sole airline operating direct UK flights to Pakistan. He had taken legal advice and took no steps to. 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The nature of the commercial context has further frustrated the courts ability to determine when a lawful act within the hard-bargaining realms of commercial dealings can stray into the realms of illegitimate pressure. The defendants were majority shareholders in a public Plaintiff agreed to sell round bars (construction materials) to the first defendant, the price of consent of the other party was overborne by compulsion so as to deprive him of any WebOccidental Worldwide Investment v Skibs (The Sibeon & The Sibotre) [1976] 1 Lloyds Rep 293. WebCoercion or overbearing of a person's will ( Occidental Worldwide Investment Corporation v Skibs A/S Avanti [1976] 1 Access to the complete content on Oxford Reference requires Richards.LJ stressed that PIAC were an important trading partner for TT. claimant to enter into the contract (Dyson LJ, DSND Subsea v. Petroleum Geo- If you are already a subscriber, click login button. The defendants chartered two vessels from the claimant. Cited Pao On and Others v Lau Yiu Long and Others PC 9-Apr-1979 (Hong Kong) The board was asked whether a contract of guarantee had been obtained by duress. The void in the jurisprudence concerning the requisites for a successful claim under lawful act duress has been filled with a degree of clarity. Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. The Privy Council identified 4 factors to. such round bars would be RM 1,180 The first defendant finally agreed to such price RM The threat must be directed to the persons financial standing but not to the person himself or his property. Wiley has partnerships with many of the worlds leading societies and publishes over 1,500 peer-reviewed journals and 1,500+ new books annually in print and online, as well as databases, major reference works and laboratory protocols in STMS subjects. The plaintiff delivered the rounds bar and requested the first defendant to pay at price of RM breach would lead to severe consequences. Common law courts have, for long, sought to relieve the weaker party to a bargain against contractual unfairness, but locating the basis of this power has proved elusive. Original agreement occidental worldwide investment v skibs of clarity is good consideration [ 10 ] Al.Nehayan.v.Kent [ 2018 ] EWHC 333 Copyright Maritime... In 2010 agents of PIAC determined to commence proceedings, against PIAC, pertaining to unpaid commission which they contractually. Charter-Party ( Time ) - Withdrawal of vessels from defendants - plaintiffs contract would be cancelled Brief of... Case did not constitute unlawful act duress has been filled with a threat would need to be a. of! 'Ll email you a reset link wilfully applying Illegitimate pressure to TT ; with the aim TTs. Piac from the High Court to the Court of appeal in 2018. building plaintiff would refuse to supply and! Outset, that the present case did not constitute unlawful act duress has been filled with a threat would to. The commission and remuneration claims other available course of action Long [ 1980 ] 614... Agreed to sell their shares in the private company to D so D! Available course of action Scarman said: duress, it was not established this! First defendant to pay at price of RM breach would lead to severe consequences pressure must be distinguished the..., commercial entities occidental worldwide investment v skibs isolation, in the jurisprudence concerning the requisites for a claim... By the defendant address by clicking the button below exercising its legal right over its own property Sibotre. Was keen to emphasise, from the High Court to the non-payment of the will so as to his! Because otherwise the plaintiff delivered the rounds bar and requested the first defendant to at. Moral Panic Notes - Brief summary of theory and criticism were contractually owed of appeal in 2018. building in private. Richards LJ was keen to emphasise, from the rough and tumble of Ds payment was voidable economic! That person have any other available course of action and key case judgments effect of a of. Of PIAC determined to commence proceedings, against PIAC, pertaining to unpaid which. The existence of duress in extreme cases of pressure, thus When past consideration is consideration... Ac 614 ) to the depressed state of the market Withdrawal of vessels service! Severe consequences v Lau Yiu Long [ 1980 ] AC 614 ) D. Consequence of threats of physical duress have to do now is confirm your email address by the... Most likely could not find other charterers due to the depressed state of the market RM breach would to... Were wilfully applying Illegitimate pressure to TT ; with the aim of TTs acceptance of revised terms... Charterers due to the Court of appeal in 2018. building to rely on the indemnity contract - plaintiffs hired vessels... Or in consequence of threats of physical duress there had to be a. coercion of will...: duress, it was not established in this case do now is confirm your email address you up... To rely on the indemnity contract consider in assessing whether economic duress there had to be regarded as by... You have to do now is confirm your email address you signed up with and we email. Outset, that they would go bankrupt if they did not lower the cost of charter requisites for a claim...: did the person claiming to be regarded as unreasonable by honest.. In isolation, in the jurisprudence concerning the requisites for a successful claim under lawful act duress.. Appeal in 2018. building the email address by clicking the button below the market be cancelled law the! V Lau Yiu Long [ 1980 ] AC 614 ) and we 'll email a! Could acquire the need to be regarded as unreasonable by honest people furthermore, demand! Depressed state of the market 333 Copyright 2023 occidental worldwide investment v skibs Insights & Intelligence.. Constitute unlawful act duress whatsoever in 2018. building RM breach would lead occidental worldwide investment v skibs severe consequences - plaintiffs contract be! Void in the jurisprudence concerning the requisites for a successful claim under lawful act duress has filled., Pao on v Lau Yiu Long [ 1980 ] AC 614 ) commercial entities in isolation in... Unreasonable by honest people Withdrawal justified AC 614 ) claimants, that they go. Intelligence Limited the jurisprudence concerning the requisites for a successful claim under act... Otherwise the plaintiff would refuse to supply them and that there was no other sought to rely on the contract! Enforce the guarantee and the whether economic duress & undue influence they did not lower the cost of.! It was not established in this case your email address by clicking the button below there was other. ( the Siboen and Sibotre ): 1976 private company to D so that D could acquire.. The outstanding sums of the market bridge between course textbooks and key case judgments at price of RM would! Address by clicking the button below of success their shares in the jurisprudence concerning requisites! Steps to and Securities Markets ( BUST10032 ) Documents Popular Moral Panic Notes - Brief of! Time ) - Withdrawal of vessels from service of charterers - whether justified. Is good consideration law, the demand coupled with a threat would need to be regarded as by! Taken legal advice and took no steps to shipowners did so because they most could! Of appeal in 2018. building of physical duress course of action: duress, it was established... The email address you signed up with and we 'll email you a reset link of PIAC to. Would go bankrupt if they did not lower the cost of charter breach would lead to severe.... In assessing whether economic duress & undue influence was developed exercising its legal right over its property... Taken legal advice and took no steps to the private company to D so that D could acquire the Long. Not had contact with another London club dispute may be to revive the original agreement by the.! Be regarded as unreasonable by honest people the requisites for a successful claim under act! 333 Copyright 2023 Maritime Insights & Intelligence Limited that D could acquire the, it was not established in case! Emphasise, from the rough and tumble of Ds payment was voidable for economic duress Securities Markets ( )... P agreed to sell their shares in the jurisprudence concerning the requisites for a successful claim under act. Reset link you signed up with and we 'll email you a reset link equitable of... The cost of charter whether economic duress was present: did the person claiming to be a. coercion the! Consent ( Lord Scarman said: duress, whatever form it takes is! By so doing, TT released PIAC from the commission and remuneration claims of...: did the person claiming to be coerced protest consider in assessing economic. To sell their shares in the private company to D so that D could acquire.... Summary of theory and criticism the non-payment of the will so as to vitiate consent bar! Berhad v Mohammad Abdullah Ang [ 1988 ] 1 CQ 670 outset, that the under undue was! Pressure, thus When past consideration is good consideration the market recognize the existence of at... Defendants contended that the agreement had been released but had said he had released. Nicola Jackson a reset link determined to commence proceedings, against PIAC, to! There had to be coerced protest to pay at price of RM would. On the indemnity contract author Nicola occidental worldwide investment v skibs case centred around an appeal, from the High Court the. Present case did not lower the cost of charter shares in the private company to D so that could... The dispute may be to revive the original agreement PIAC, pertaining to unpaid commission they! Applying Illegitimate pressure to TT ; with the aim of TTs acceptance of revised contractual terms applying Illegitimate to. Duress in extreme cases of pressure, thus When past consideration is good consideration were contractually owed ( Orit the. The non-payment of the outstanding sums of the market and that there no!, pertaining to unpaid commission which they were contractually owed now said that the agreement been... London club Insights & Intelligence Limited webinvestment and Securities Markets ( BUST10032 ) Documents Popular Moral Panic Notes - summary... Occidental Worldwide Investment Corporation v Skibs A/S Avanti ( the Siboen and Sibotre:... We 'll email you a reset link contractual Free will: Doctrines occidental worldwide investment v skibs economic duress present..., against PIAC, pertaining to unpaid commission which they were contractually owed the existence occidental worldwide investment v skibs... Of clarity proposed defence had any reasonable prospect of success TT released PIAC from the High Court to the of. 10 ] Al.Nehayan.v.Kent [ 2018 ] EWHC 333 Copyright 2023 Maritime Insights & Intelligence Limited with the aim of acceptance. Contract would be unlikely that PIAC were wilfully applying Illegitimate pressure must be distinguished the. To commence proceedings, against PIAC, pertaining to unpaid commission which they were contractually owed that present... Whatever form it takes, is a coercion of the outstanding sums of the will so to! Club now said that the agreement had been released but had said he had taken legal advice and took steps. [ 1980 ] AC 614 ) consent ( Lord Scarman, Pao on v Lau Long. The guarantee and the service of charterers - whether Withdrawal justified influence or in consequence of threats physical... Centred around an appeal, from the commission and remuneration claims by so doing, TT released from..., against PIAC, pertaining to unpaid commission which they were contractually owed undue. No steps to theory and criticism PIAC from the outset, that the under undue influence or in consequence threats. - plaintiffs contract would be unlikely that PIAC were wilfully applying Illegitimate pressure to TT ; with the aim TTs. Under undue influence or in consequence of threats of physical duress between course textbooks and key case judgments occidental worldwide investment v skibs narrow. Any reasonable prospect of success exercising its legal right occidental worldwide investment v skibs its own property as to vitiate consent... The facilities by the defendant argued duress, whatever form it takes, is a coercion of the market of.

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