Duress in English law

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Topic: Duress in English law

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	OUCLF : articles: A Hadjiani (2002)
		Thus, it may be concluded that in English and German law it is necessary (aside from duress in German law: V, e, bb) to examine the mental state of both parties to the contract.
		First, as with the law of duress ( VI, b), it is clearly in contrast to the present doctrine of undue influence in both jurisdictions to deny the relevance of the defective consent element.
		As for duress, (V, d) it is necessary for undue influence that the weaker party was caused to enter into the contract by the interference with his freedom of choice, and what has been said above in that context also applies to undue influence.
	ouclf.iuscomp.org /articles/hadjiani.shtml

	Asif Tufal
		Under English law a contract obtained by duress was voidable, and improper economic pressure (blacking the ship) constituted one form of duress.
		Kerr J considered that the owners would have been entitled to set aside the renegotiated rates on the ground of economic duress, but that on the present facts their will and consent had not been 'overborne' by what was ordinary commercial pressures.
		During their negotiations the plaintiffs did make an illegal threat to withhold cargo and they were fully aware that, since they were legally obliged to carry the cargo, even if at a loss of profit to themselves, such a threat would be unlawful.
	www.lawteacher.net /Contract/Vitiating%20Factors/Duress%20Cases.htm

	danneman.doc
		In English law, however, the judgment is mostly remembered for Bramwell, B denying the claim on the ground that \'93 the mistake must be as to a fact which, if true, would make the person paying liable to pay the money\'94, which relegated the legal ground to a sub-ca tegory within mistake, i.e.
		The substantive law of duress \endash the problem, often difficult, of determining which coercive influences should be treated as wrongful \endash is the same in all of these settings.\'94 \par }\pard \s29\qj \li0\ri0\sa60\sl-300\slmult0\widctlpar\nooverflow\faroman\rin0\lin0\itap0 {The same is stated in \'a7 15 comment (a) about undue influence.
		This is entirely unnecessary, as German law has developed a contractual doctrine of frustration, which would allow G erman law to handle the issue of failure to achieve an intended result through contract law, and to allow restitution through the general clause if the rules on frustration will set the contract aside.
	www.utexas.edu /law/conferences/restitution/danneman.doc (8985 words)

	Table of contents for Library of Congress control number 2001025953
		The role of illegality in the English law of unjust enrichment Gerhard Dannemann Part VII.
		In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart 7.
		Enrichment by improvements in Scots law James Wolfe Part IX.
	www.loc.gov /catdir/toc/cam021/2001025953.html (302 words)

	Murder -
		Most common law jurisdictions, including the Commonwealth of Nations countries, do not allow the defense of necessity and limit duress.
		The accused could also be charged with the attempt to murder A. As to mens rea, Intention in English law following R v.
		Woollin [3], the model direction to be given to juries is a modified version of that proposed by Lord Lane, C.J. in R v Nedrick [1986] 1 W.L.R. 1025, namely:
	www.voigi.com /mediawiki/index.php/Murder (3913 words)

	Table of contents for Library of Congress control number 2001025953
		Failure of consideration: myth and meaning in the English law of restitution Graham Virgo 5.
		In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart 7.
		Failure of consideration Robin Evans-Jones and Katrin Kruse Part IV.
	www.loc.gov /catdir/toc/cam021/2001025953.html (3913 words)

	New Statesman: A move by Caribbean countries to abolish the right of appeal to the British Privy Council is bad news for prisoners awaiting execution - Column
		The governments of the English-speaking former Caribbean colonies are planning to end the role of the British Privy Council as their final court of appeal and replace it with a single Caribbean Supreme Court serving the nine countries.
		The local court of appeal later overturned the pardon, arguing it had been granted under duress.
		Then finally the prisoner is allowed to take the matter before the Privy Council, whose judicial committee is composed of British Law Lords.
	findarticles.com /cf_dls/m0FQP/n4375_v127/20565811/p1/article.jhtml (828 words)

	Jean-Jacques Robert
		For the French, it was necessary to ensure that this evolution did not orientate New Caledonia in an undesirable direction, secondly that it did not adversely affect the rights of French settlers over their land, and thirdly that the French language should not decline in a geographical area where English predominated.
		It is perhaps surprising that it should have been French lawyers from New Caledonia who initially defended George Sokomanu, then President of the Republic after he had been arrested and prosecuted for having allegedly illegally dissolved the Parliament of Vanuatu.
		This arrangement placed the New Hebrides and all its inhabitants under the control of the two powers, but left the indigenous people without any existence in international law, since they could neither enjoy British or French citizenship, nor have a nationality of their own, because the islands did not constitute an internationally recognised state.
	www.british-friends-of-vanuatu.com /robert.htm (828 words)

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