The claimant sought damages in contract alleging economic duress. They said that at a late stage, when the defendant knew of the urgent needs of the caimant, he imposed an exorbitant change of price.
Held: The claim succeeded. The pressure applied to secure the price increase was illegitimate.
Judges:
Christopher Clarke J
Citations:
[2010] EWHC 113 (Comm)
Links:
Citing:
Cited – DSND 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 . .
Cited – Pavia and Co SPA v Thurmann-Nielsen CA 1952
In cif contracts the credit must be opened at the latest at the beginning of the shipment period. The seller is entitled, before he ships the goods to be assured that when he does so, he will get paid. . .
Cited – Ian Stach v Baker Bosley Ltd 1958
The parties contracted for the sale of ship plates fob Benelux port for shipment to Canada in August-September 1956 with payment to be by confirmed irrevocable credit. The buyers failed to open the credit either by August 1st or by August 8th when . .
Cited – Kronos Worldwide Limited v Sempra Oil Trading S A R L CA 23-Jan-2004
. .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 13 August 2022; Ref: scu.396473
