main cases

economic duress lead

universe tankships of monrovia v ITWF , TU threatened to no service ships unless donation made to welfare fund, held as ED and payment recovarable, established ED and scarman factors

economic duress last min

atlas express v kafco, carrier demanded more money last minuit after underestimating price or they would not deliver, held as duress, shows that commercial pressure can be duress with no reasonable alternative

duress - delay

north ocean shipping v hyundai construction, shipbuilder demanded 10% extra or he wold stop work buyer paid, held duress existed but delay after delivery affirmed contract, duress makes contract voidable not void

common mistake, no differance

bell v lever bros, emplouer paid compensation before learning employee could have been dismissed for misconduct, held no mistake, mistake must make subject matter essentially different

non existence mistake

couturier v hastie, goods had already perished before sale, contract void, subject matter did not exist

common mistake - distance

great peace shipping v tsalvris , rescue ship believed nearby but was much further away, no mistake as performance was still possible, confirmed bell

mutual mistake

megaw v molloy, buyer thought good from one ship seller meant another, no contract as parties at cross purposes

face to face rule

phillips v brooks, rogue bought jewellery face to face using false identity, contract valid but voidable, presumed intention to contract with person present

confirms philips

lewis v avery , car actor

mistaken identity voided

ingram v little, seller checked rogues claimed identity before sale, contract held as void, rare case where identity was essential to the contract

frustration - destruction

taylor v cladwell, music hall hired for concerts burned down before concerts, implied terms theory applied and contract frustrated, classic case

modern frustration test

davis contractors v farham, building contract became longer and more expensive, no frustration as performance was harder but not radically different

foundation destroyed old case

krell v henry, room rented to watch coronation procession, procession cancelled, frustrated as the purpose of the contract was destroyed

some purpose remained

herne bay v hutton, boat hired for navel review and cruise, review cancelled, no frustration as cruise could still be held

increased cost

tsakiroglou v noblee thorl, suez canal closure meant longer route around africa, no frustration as inconvenience is not enough

harsh loan UB

pregnant women in distress mortgaged property at extreme interest, relief granted as it was an exploitation of vulnerability

vulnerable transfer irish case

carroll v carroll, elderly father transferred valuable pub to son without proper advice, transaction set aside as there was, weakness + unfair benefit + no independent advice

undervalue sale

fry v lane, poor sellers sold property cheaply without advice, transaction set aside, classic protection vulnerable parties

UI bank guarantee

barclays bank plc v O’brien, wife guaranteed husbands debts without real understanding, bank on inquiry as banks must protect vulnerable guarantors