Huyton SA v Peter Cremer Gmbh and Co: ComC 21 Oct 1998

Mance J discussed the law of economic duress saying it was established law that economic pressure could amount to duress and referred to two basic ingredients for duress of that character. He identified those ingredients as first, ‘illegitimate pressure by one party’, and secondly the requirement that this should be ‘a significant cause inducing the other party to act as he did’.

Judges:

Mance J

Citations:

[1998] EWHC 1208 (Comm), [1999] 1 Lloyds Rep 620

Links:

Bailii

Cited by:

CitedProgress Bulk Carriers Ltd v Tube City IMS Llc ComC 17-Feb-2012
The claimant sought to set aside an arbitration saying that the arbitrator had misapplied the test for economic duress. . .
CitedDSND Subsea Ltd v Petroleum Geo Services Asa TCC 28-Jul-2000
Dyson J set out the principles applicable in establishing a pleading of commercial duress:
(i) Economic pressure can amount to duress, provided it may be characterised as illegitimate and has constituted a ‘but for’ cause inducing the claimant . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 13 August 2022; Ref: scu.396474