Source: All England Reporter
Publisher Citation: [2002] All ER (D) 161 (Nov)
Court: Queen's Bench Division

Judge Wilkie QC sitting as a High Court judge

Judgment Dates: 12 November 2002


Contract - Duress - Economic duress - Claimant insisting on payment contrary to rights under contract.

The Case

Since, on the true construction of the contract between the parties, the claimant was not entitled to demand immediate payment, and notwithstanding that both parties were mistaken as to the legitimacy of such a demand, the claimant's conduct in doing so in the circumstances of the instant case constituted economic duress and intimidation so as to entitle the defendant to avoid the contract.

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