Private Law Theory

ABSTRACT
This article considers the element of illegitimate pressure in a finding that a transaction is vitiated by duress. A difficult question within the law of obligations concerns when pressure comprising a threat of lawful action is nonetheless illegitimate. We argue that there are four factors relevant to the legitimacy of otherwise lawful pressure. In doing so, we argue that the ‘test’ for illegitimacy proposed by the Supreme Court in Pakistan International Airline Corporation v Times Travel (UK) Ltd is unsatisfactory. Though we focus on English law, we also consider the law of duress in Australia.

Cooney, Henry and Sanderson, Harry, Illegitimate Pressure in the Law of Duress (August 25, 2022) [2022] Lloyd’s Maritime and Commercial Law Quarterly 496-526.