Economic Duress in UK Law
Dimskal Shipping Company SA v International Transport Workers Federation (The Evia Luck)
However, since the decisions of Kerr J. in Occidental Worldwide Investment Corporation v. Skibs, A/S Avanti (The Siboen and the Sibotre)  1 Lloyd's Rep. 293, of Mocatta J. in North Ocean Shipping Co. Ltd. v. Hyundai Construction Co. Ltd.  Q.B. 705, and of the Judicial Committee of the Privy Council in Pao On v. Lau Yiu Long  A.C. 614, that limitation has been discarded; and it is now accepted that economic pressure may be sufficient to amount to duress for this purpose, provided at least that the economic pressure may be characterised as illegitimate and has constituted a significant cause inducing the plaintiff to enter into the relevant contract (see Barton v. Armstrong  A.C. 104 at p. 121 per Lord Wilberforce and Lord Simon of Glaisdale (referred to with approval in Pao On v. Lau Yiu Long  A.C 614, 635, per Lord Scarman); and Crescendo Management Pty. Ltd. v. Westpac Banking Corporation (1988) 19 N.S.W.L.R. 40, 46, per McHugh J.A.).
Dimskal Shipping Company S.A. v International Transport Workers Federation (No. 2) (Evia Luck)
In my judgment a similar approach should be adopted for the purpose of determining in the field of industrial relations whether economic pressure applied abroad is or is not legitimate.In my judgment a similar approach should be adopted for the purpose of determining in the field of industrial relations whether economic pressure applied abroad is or is not legitimate.
Universe Tankships Inc. of Monrovia v International Transport Workers Federation (Marine)
The rationale is that his apparent consent was induced by pressure exercised upon him by that other party which the law does not regard as legitimate, with the consequence that the consent is treated in law as revocable unless approbated either expressly or by implication after the illegitimate pressure has ceased to operate on his mind.
In the instant appeal the economic duress complained of was exercised in the field of industrial relations to which very special considerations apply.
- Whither Economic Duress? Reflections on Two Recent Cases
This article examines the gist, vitality and practical utility of the tort of intimidation and identifies what count as unlawful threats and as actionable harm. While two versions of the tort have ...
- Contract, Consideration and the Critical Path
- Dures, Family Law and the Coherent Legal System
- Economic Duress
Economic duress for lawful threats limited to bad faith demands
The Court of Appeal has held that there is no economic duress in commercial situations where a party uses lawful pressure or threats to achieve a result to which it genuinely believes itself to be ...
The tort of intimidation and economic duress: another high hurdle for claimants to jump?
The High Court recently handed down its decision in Oliver Dean Morley t/a Morley Estates v. The Royal Bank of Scotland plc  EWHC 88 (Ch), in which the claimant made allegations of intimidati...
Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic harm?
It is clear that English law permits a party to avoid a contract on the grounds of economic duress but there is some uncertainty as to the circumstance in which a contract may be avoided for econom...