Illegitimate Pressure in the Law of Duress

Henry Cooney, Harry Sanderson

Research output: Contribution to journalArticlepeer-review

Abstract

This article considers the element of illegitimate pressure in a finding that a transaction is vitiated by duress. A difficult question within the law of
obligations concerns when pressure comprising a threat of lawful action is
nonetheless illegitimate. This article argues that there are four factors relevant to the legitimacy of otherwise lawful pressure. In doing so, we argue that the ‘test’ for illegitimacy proposed by the Supreme Court in Pakistan International Airline Corporation v Times Travel (UK) Ltd is unsatisfactory. Though we focus on English law, we also consider the law of duress in Australia.
Original languageEnglish
Pages (from-to)496-526
JournalLloyd's Maritime and Commercial Law Quarterly
Volume2022
DOIs
Publication statusPublished - 24 Aug 2022

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