| 释义 |
economic duress
Historically within contract law, a claim that a contract was voidable for duress could only be successful if a threat to the person (i.e. physical duress) had induced the contract (Skeate v Beale (1840) 11 Ad & El 983, 113 ER 688). Now, however, a contract may be voidable for economic duress (Occidental Worldwide Invest Corporation v Skibs A/S Avanati [1976] 1 Lloyd’s Rep 293), which is the unlawful exercise of economic pressure to induce someone to enter into an agreement. The essential elements are that an illegitimate threat is made (e.g. to breach an existing contract or to commit a tort), that the pressure is a significant cause inducing the injured party to enter into the contract, and that the injured party has no practical alternative to agreeing to the terms set out by the person making the threat (Universe Tankships Inc. of Monrovia v International Transport Workers Federation [1983] 1 AC 366 (HL)). A third category is duress of goods, which is the wrongful detention of another party’s property that leaves that party no alternative but to agree. The exact legal recognition of this category is not fully formed (Dimskal Shipping Co SA v International Transport Workers’ Federation (The Evia Luck) [1992] 2 AC 152 (CA)). See also voidable contract. |