
Contents
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1. General Principles 1. General Principles
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(A) The Principle of Compulsion (A) The Principle of Compulsion
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(B) Different Types of Enrichment (B) Different Types of Enrichment
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(C) Vitiation of Contracts for Compulsion (C) Vitiation of Contracts for Compulsion
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(i) The Time Factor (i) The Time Factor
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(ii) The Contract Must Cease to Be Operative Before Restitutionary Remedies Can Be Awarded (ii) The Contract Must Cease to Be Operative Before Restitutionary Remedies Can Be Awarded
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(D) The Grounds of Restitution (D) The Grounds of Restitution
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(i) Undue Influence (i) Undue Influence
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(ii) Necessity (ii) Necessity
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(iii) Colore Officii (iii) Colore Officii
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2. Duress 2. Duress
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(A) The Rationale of Duress as a Ground of Restitution (A) The Rationale of Duress as a Ground of Restitution
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(B) The Elements of Duress (B) The Elements of Duress
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(i) Threats or Pressure (i) Threats or Pressure
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(ii) Illegitimacy (ii) Illegitimacy
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(1) Threats (1) Threats
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(2) Pressure (2) Pressure
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(iii) Causation (iii) Causation
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(C) Duress and Third Parties (C) Duress and Third Parties
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(D) The Heads of Duress (D) The Heads of Duress
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(E) Duress of the Person (E) Duress of the Person
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(F) Duress of Property (F) Duress of Property
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(G) Economic Duress (G) Economic Duress
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(i) The Essential Features of Economic Duress (i) The Essential Features of Economic Duress
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(1) Avoiding Contracts for Economic Duress (1) Avoiding Contracts for Economic Duress
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(2) Lawful Act Economic Duress (2) Lawful Act Economic Duress
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(a) Recognition of Lawful Act Economic Duress (a) Recognition of Lawful Act Economic Duress
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(b) When Will Lawful Act Duress Be Recognized? (b) When Will Lawful Act Duress Be Recognized?
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(c) Lord Burrows’s Approach (c) Lord Burrows’s Approach
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(d) Assessment of the State of the Law (d) Assessment of the State of the Law
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(ii) Establishing Economic Duress (ii) Establishing Economic Duress
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(1) Illegitimate Threats or Pressure (1) Illegitimate Threats or Pressure
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(2) Causation (2) Causation
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(3) No Reasonable Alternative (3) No Reasonable Alternative
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3. Legal Compulsion 3. Legal Compulsion
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(A) The Essential Characteristics of Legal Compulsion (A) The Essential Characteristics of Legal Compulsion
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(B) Determining whether a Debt has been Discharged (B) Determining whether a Debt has been Discharged
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(i) Request by the Defendant (i) Request by the Defendant
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(ii) Acceptance by the Defendant (ii) Acceptance by the Defendant
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(iii) Performance of an Act Which the Defendant Was Liable to Perform (iii) Performance of an Act Which the Defendant Was Liable to Perform
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(iv) Automatic Discharge by an Unrequested Payment (iv) Automatic Discharge by an Unrequested Payment
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(C) Restitution from the Debtor (C) Restitution from the Debtor
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(i) Reimbursement (i) Reimbursement
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(1) The Defendant Bears the Whole of the Liability (1) The Defendant Bears the Whole of the Liability
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(2) The Claimant’s Liability Is Ancillary to That of the Defendant (2) The Claimant’s Liability Is Ancillary to That of the Defendant
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(3) Voluntary Payments (3) Voluntary Payments
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(4) Damages Paid to Two Claimants for Wrongful Interference with the Same Goods (4) Damages Paid to Two Claimants for Wrongful Interference with the Same Goods
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(ii) Contribution (ii) Contribution
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(1) Contribution at Common Law and Equity (1) Contribution at Common Law and Equity
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(2) Civil Liability (Contribution) Act 1978 (2) Civil Liability (Contribution) Act 1978
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(D) Restitution from the Creditor (D) Restitution from the Creditor
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(E) Is Legal Compulsion a Ground of Restitution? (E) Is Legal Compulsion a Ground of Restitution?
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4. Threats to Secure the Performance of a Statutory Duty 4. Threats to Secure the Performance of a Statutory Duty
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Cite
Abstract
This chapter examines the grounds of restitution which are founded on the principle of compulsion. It examines duress of the person, duress of property, and economic duress. The extent to which a lawful act can constitute duress is considered. The relationship between lawful act economic duress and the equitable doctrine of undue pressure is considered. The principle of legal compulsion is then examined, involving pressure arising by operation of law as a result of which the claimant discharges the defendant’s liability. When a debt will be discharged is considered. A distinction is drawn between cases where the defendant is primarily liable (where the claimant can seek reimbursement from the defendant) and cases where the parties are jointly liable (where the claimant can seek contribution).
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