A contract made under duress may be:
- ATurned into a criminal offence only
- BEnforced against the pressured party in every case
- CAutomatically valid with no remedy
- DAvoided (set aside) by the pressured party
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
A contract made under duress may be:
A seller quotes on its terms with a price variation clause. The buyer orders on its own terms without that clause, with a tear-off acknowledgement slip, which the seller signs and returns. In Butler Machine Tool v Ex-Cell-O, the contract was on:
Heat from a neighbour's ordinary activity damages specially sensitive paper stored by the claimant, but would not harm ordinary paper. Under Robinson v Kilvert, the claim:
In Lachaux v Independent Print (2019), the Supreme Court held that "serious harm" under section 1 of the Defamation Act 2013 must be shown:
In Hirst v UK (No 2), the European Court of Human Rights held that the UK's blanket ban on voting by convicted prisoners:
In the Dutch system, the Council of State (Raad van State) mainly:
The "thin skull" rule in criminal law means:
In the Dutch "Opticien" judgment (Hoge Raad, 1923), an optician sold glasses after closing time to a man who had broken his. The court recognised:
A member state grants a subsidy to a company without notifying the Commission. Under the state aid rules, the state:
In Inter-Environnement Wallonie (1997), the Court held that during the transposition period of a directive, member states:
Answer: D · Avoided (set aside) by the pressured party
Jurisdiction: general principle, found in most legal systems. Duress (illegitimate pressure that induces the contract) makes the contract voidable at the option of the victim.
Answer: C · The buyer's terms, because the seller accepted its counter-offer
Jurisdiction: law of England and Wales. The buyer's order was a counter-offer, and by signing and returning the slip the seller accepted it. The traditional offer and acceptance analysis decided the battle of the forms.
Answer: D · Fails, because nuisance does not protect abnormally sensitive uses
Jurisdiction: law of England and Wales. A claimant cannot make an ordinary activity a nuisance by using land in an unusually sensitive way.
Answer: A · By reference to the actual impact of the statement, as a matter of fact
Jurisdiction: law of England and Wales. The court held that section 1 requires the claimant to prove, on the facts, that the statement caused or was likely to cause serious harm. This can be inferred from evidence such as the scale of publication and the gravity of the words.
Answer: B · Violated the right to free elections in Protocol 1, Article 3
Jurisdiction: European Convention on Human Rights. The Court accepted some restrictions on prisoner voting could be legitimate, but an automatic ban for all convicted prisoners was disproportionate.
Answer: C · Advises on legislation and acts as the highest administrative court in many areas
Jurisdiction: Dutch law. The Raad van State gives advice on bills and its Administrative Jurisdiction Division is the highest general administrative court.
Answer: D · The defendant must take the victim as they find them
Jurisdiction: law of England and Wales. A defendant is liable for the full consequences even if the victim's characteristics (physical or beliefs) made them worse than expected.
Answer: B · Necessity (noodtoestand) as a form of overmacht under Article 40 Sr
Jurisdiction: Dutch law. The Hoge Raad accepted that choosing the weightier interest in a conflict of duties can be justified as noodtoestand, a form of overmacht.
Answer: A · Breached the standstill obligation and may be required to recover the aid
Jurisdiction: EU law. New aid must be notified and not implemented until approved; unlawful aid found incompatible must be recovered from the beneficiary with interest.
Answer: D · Must refrain from adopting measures liable to seriously compromise the result the directive prescribes
Jurisdiction: EU law. Although transposition is not yet due, states must not adopt provisions that would seriously compromise achieving the directive's result by the deadline.
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