Occidental Worldwide Investment Corporation v Skibs A/S Avanti (Siboen, Sibotre)

JurisdictionEngland & Wales
Judgment Date1976
Date1976
Year1976
CourtQueen's Bench Division
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74 cases
  • Marme Inversiones 2007 SL v Natwest Markets Plc
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 25 February 2019
    ...“Chitty on Contracts (31st Edn, 2012) at para 6–052 is to the same effect, citing among other cases The Siboen and The Sibotre [1976] 1 Lloyd's Rep 293 at 320–321: ‘if one agent makes a statement honestly believing it to be true, but another agent or the principal himself knows that it is ......
  • Pao on v Lau Yiu Long
    • United Kingdom
    • Privy Council
    • Invalid date
  • Times Travel (UK) Ltd v Pakistan International Airlines Corporation
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 May 2019
    ...duress. This was recognised for the first time in English law in two first instance commercial cases: Occidental Worldwide Investment Corp v Skibbs A/S Avanti [1976] 1 Lloyd's Rep 293 and North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705. In the first of these cases, a......
  • Attorney-General v Blake (pet. all.)
    • United Kingdom
    • House of Lords
    • 27 July 2000
    ...his gains, in that case what he had saved by committing the wrong, but 'one of compensating the plaintiff.' In Occidental Worldwide Investment Corpn. v. Skibs A/S Avanti [1976] 1 Lloyd's Rep. 293, 337, Kerr J. summarily rejected a claim for an account of profits when ship owners withdrew sh......
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2 firm's commentaries
  • The Final Word On Lawful Act Duress?
    • United Kingdom
    • Mondaq UK
    • 19 November 2021
    ...a basis for obtaining restitution of non-contractual payments). However, in Occidental Worldwide Investment Corpn v Skibs A/S Avanti [1976] 1 Lloyd's Rep 293, Kerr J the submission that 'English law only knows duress to the person and duress to goods'. Similarly, in North Ocean Shipping Co ......
  • The Final Word On Lawful Act Duress?
    • United Kingdom
    • Mondaq UK
    • 19 November 2021
    ...a basis for obtaining restitution of non-contractual payments). However, in Occidental Worldwide Investment Corpn v Skibs A/S Avanti [1976] 1 Lloyd's Rep 293, Kerr J the submission that 'English law only knows duress to the person and duress to goods'. Similarly, in North Ocean Shipping Co ......
10 books & journal articles
  • Duress, Undue Influence, and Unconscionability
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...Pao On , above note 9 at 617. 30 See Occidental Worldwide Investment Corp v Skibs A/S Avanti ( sub nom The Siboen and The Sibotre ), [1976] 1 Lloyd’s Rep 293 (QB); North Ocean Shipping , above note 11. 31 It seems, however, that “economic duress” is not restricted in its scope to threatened......
  • FRESH CONSIDERATION RULE: INSIGHTS FROM ITS RESURRECTION IN QUACH V MITRUX SERVICES LTD.
    • Canada
    • University of British Columbia Law Review Vol. 54 No. 2, September 2021
    • 15 September 2021
    ...AC 614, [1979] 3 All ER 65, [1979] UKPC 17 [Pao On]. See also Occidental Worldwide Investment v Skibs (The Siboen and The Sibotre), [1976] 1 Lloyd's Rep 293 (QB); North Ocean Shipping Co v Hyundai Construction Co (The Atlantic Baron), [1979] 1 QB 705, 3 WLR 419. These cases also dealt with ......
  • EQUITY AND OPPORTUNISM IN THE LAW OF CONTRACT:
    • Singapore
    • Singapore Academy of Law Journal No. 2018, December 2018
    • 1 December 2018
    ...165. 178Occidental Worldwide Investment Corp v Skibs A/S Avainti, Skibs A/S Glarona, Skibs A/S Navalis (The Siboen and the Sibotre)[1976] 1 Lloyd's Rep 293. 179[1980] AC 614. 180North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd[1979] QB 705. 181(1860) 2 Giff 166; (1860) 2 De G F & J......
  • Duress, commercial pressure and the modern law
    • Barbados
    • Caribbean Law Review No. 10-2, December 2000
    • 1 December 2000
    ...could in law be regarded as a coercion of the will so as to vitiate his consent' (quoting Kerr J. in The Siboen and The Sibotre [1976] 1 Lloyd's Rep 293 at 336).... In determining whether there was a coercion of will and that there was no true consent, it is material to inquire whether the ......
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