Chapter 18 Self-test questions

Duress

Quiz Content

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. Duress cases are typically identifiable by the presence of two particular elements. Which of the following elements are currently essential to a finding of basic duress? Select all that apply.

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. North Ocean Shipping Co Ltd v. Hyundai Construction Co Ltd (The Atlantic Baron) [1979] QB 705 illustrates the need for a claimant to act quickly once he is free from duress in order to ensure a remedy. What reasoning lies behind this ruling?

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. It is generally accepted that, in duress cases, it suffices for the party subject to the duress to show that the threats were a reason which induced him to enter into the contract; the threats do not have to be the reason or even a principal reason. True or false?

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. In CTN Cash and Carry Ltd v. Gallaher [1994] 4 All ER 714, Steyn LJ declined to decide that a refusal to contract (that is, 'lawful act duress') could 'never' constitute duress. Nonetheless, in this case, he considered that the defendants' conduct did not amount to duress. Which of the following characteristics of the case were significant in his coming to this decision? Select all that apply.

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