Podcast Location:
Download it here [file size: 52.4 MB]
Categories:
Corporate & Commercial Law
Litigation & Dispute Resolution
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to explain the doctrine of economic duress. It sets out the ingredients of an economic duress claim, types of economic threats that are illegitimate and could make a contract vulnerable to subsequent challenge and considers whether lawful conduct amounts to illegitimate pressure for the purposes of economic duress. It also outlines the importance of establishing the lack of a reasonable alternative in any successful claim or defence based on economic duress.

Outcomes:
After completing the course you will:
  • Understand how the doctrine of economic duress has evolved;
  • Know the ingredients of an economic duress claim;
  • Be aware of the factors the court takes into account in determining whether there has been illegitimate pressure for the purposes of economic duress;
  • Have considered when the threat to break a contract will constitute economic duress.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • Adam Opel GmbH v Mitras Automotive [2007] EWHC 3481 (QB);
  • Atlas Express v Kafko [1989] QB 833;
  • Barton v Armstrong [1976] AC 104;
  • Borrelli v Ting [2010] UKPC 21;
  • B&S Contracts & Design Lts v Victor Green Publications [1984] ICR 419;
  • Cantor Index Ltd v Shortall [2002] All ER (D) 161;
  • Carillion Construction Ltd v Felix [2001] BLR 1;
  • CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19;
  • DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185;
  • GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440;
  • Huyton SA v Peter Cremer GmbH [1999] 1 Lloyds Rep 620;
  • Kolmar Group AG v Traxpo Enterprises Pvt Ltd [2010] EWHC 113 (Comm);
  • Lynch v DPP of Northern Ireland [1975] AC 653;
  • National Merchant Buying Society v Bellamy [2012] EWHC 2563 (Ch);
  • North Ocean Shipping Co v Hyundai [1979] QB 705;
  • Pan On v Lau Yui Long [1980] AC 614, 635;
  • Progress Bulk Carriers Ltd v Tube City IMS LLC [2012] EWHC 273;
  • Sapporo v Lupofresh [2012] EWHC 2013 (QB);
  • Union and Labour Relations Act 1984;
  • Universe Tankships v International Workers Federation and Dimskal Shipping v International Works Federation [1983] 1 AC 366;
  • Wright v HSBC Bank Plc [2006] EWHC 930 QB.

In this podcast Dov Ohrenstein from Radcliffe Chambers explains the doctrine of economic duress. He sets out the ingredients of an economic duress claim and outlines the importance of establishing the lack of a reasonable alternative in any successful claim or defence based on economic duress.

Date Recorded: 20th March 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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