文档介绍：SECTION III
LAW OF CONTRACT
ELEMENTS OF THE LAW OF CONTRACT
CASES AND STATUTES
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CONTENTS
Duress .................................................................................... 1
Undue Influence ...................................................................... 5
Illegal Contracts ..................................................................... 15
Contracts in Restraint of Trade ............................................... 20
Frustration ............................................................................ 24
Performance and Breach ........................................................ 31
Unliquidated Damages I ......................................................... 36
Unliquidated Damages II – Other Remedies for
Breach of Contract ............................................................ 42
Section III
ELEMENTS OF THE LAW OF CONTRACT
1. DURESS
Aims and Objectives
To examine what is meant by duress, and what effect it
might have on the validity of a contract.
Statutes and case Law Ratio and Fundamental Features
Duress by physical threats or Barton, the managing director of a pany,
coercion executed a deed in favour of Armstrong by which he
would be paid $140,000 and have his shares
Barton v Armstrong [1975] 2 All ER purchased for $180,000. It was proved that
465 (PC) Armstrong had threatened to have Barton killed if he
did not execute the deed. The Privy Council held
that although this may not have been the only
reason for the execution of the deed, it was at least
one of the reasons, and the deed was void for
duress.
Williams v Bayley (1866) LR 1 HL See under Section 3 Topic 2.
200 (HL)
Economic duress This case first recognised obiter that economic
duress could make a contract voidable. The owners
The Siboen and The Sibotre: of two tankers which had been chartered to a
Occidental Worldwide Investment subsidiary of Occidental