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Atlas Express Ltd V Kafco
''Atlas Express v. Kafco (Importers & Distributors) Ltd.'' 989QB 833 is an English contract law case relating to duress. Facts Kafco Ltd. had a contract to supply Woolworths with baskets. They had a ‘trading agreement’ with Atlas Express for at least six months to undertake the deliveries. Atlas Express realised it had underestimated the size of cartons to be carried, so it was costing more to deliver. Kafco would not vary the price. On 18 November 1986, Law Society Gazette, "Contract: economic distress", published 30 August 1989 Atlas sent an empty truck to Kafco, with a letter saying if a higher charge was not agreed to, the truck would leave empty. Kafco would go broke without the contract, so they "felt compelled to sign". Later, Kafco refused to pay, and argued there was economic duress, and also no new consideration.See A Burrows, ''Cases and Materials on Contract'' (2nd edn Hart 2009) 709 Kafco also successfully argued that Atlas had given no consideration for its pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors dist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors dist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Woolworths Group (United Kingdom)
Woolworth (officially Woolworths Group PLC) was a listed British company that owned the High Street retail chain Woolworths. It also owned other companies such as the entertainment distributor Entertainment UK, and book and resource distributor Bertram Books. The Woolworths store chain was the main enterprise of the group. Originally a division of the American F. W. Woolworth Company until its sale in the early 1980s, it had more than 800 stores in the UK prior to closure. Woolworths sold many goods and had its own Ladybird (clothing), Ladybird children's clothing range, WorthIt! value range and Chad Valley (toy brand), Chad Valley toys. They were also well known for selling Candyking pick 'n' mix sweets. It was sometimes referred to as Woolies by the UK media, the general public, and occasionally in its own television adverts. The British company also owned and ran F. W. Woolworth Ireland until 1984 and Woolworths (Cyprus) until 2003. On 26 November 2008, trading of shares i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Society Gazette
''The Law Society Gazette'' (also known as the ''Gazette'' or the ''Law Gazette'') is a British weekly legal magazine for solicitors in England and Wales published by the Law Society of England and Wales. While it is available to buy and on subscription, it is provided to all solicitors with a current England and Wales practising certificate (as well as trainee solicitors). This makes its position different from other British legal periodicals such as The Lawyer ''The Lawyer'' is a legal business information product for law firm leaders, commercial lawyers, barristers and in-house counsel. It is based in London. History and profile ''The Lawyer'' was launched in 1987 by Centaur Media plc. It publ ..., Legal Week, Solicitors Journal, New Law Journal, Legal Business, In-House Lawyer and European Lawyer. In consequence the Gazette has by far the highest audited circulation of any legal journal in the United Kingdom (latest ABC-audited numbers are a circulation of 8 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration In English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stilk V Myrick
''Stilk v Myrick'' Lord Ellenborough decided that in cases where an individual was bound to do a duty under an existing contract, that duty could not be considered valid consideration for a new contract. It has been distinguished from '' Williams v Roffey Bros & Nicholls (Contractors) Ltd'', which suggested that situations formerly handled by consideration could instead be handled by the doctrine of economic duress. Facts Stilk was contracted to work on a ship owned by Myrick for £5 a month, promising to do anything needed in the voyage regardless of emergencies.Poole (2004) p. 124 After the ship docked at Cronstadt two men deserted, and after failing to find replacements the captain promised the crew the wages of those two men divided between them if they fulfilled the duties of the missing crewmen as well as their own. After arriving at their home port the captain refused to pay the crew the money he had promised to them. The defence, represented by Garrow, argued that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lloyds Bank Ltd
Lloyd, Lloyd's, or Lloyds may refer to: People * Lloyd (name), a variation of the Welsh word ' or ', which means "grey" or "brown" ** List of people with given name Lloyd ** List of people with surname Lloyd * Lloyd (singer) (born 1986), American singer Places United States * Lloyd, Florida * Lloyd, Kentucky * Lloyd, Montana * Lloyd, New York * Lloyd, Ohio * Lloyds, Alabama * Lloyds, Maryland * Lloyds, Virginia Elsewhere * Lloydminster, or "Lloyd", straddling the provincial border between Alberta and Saskatchewan, Canada Companies and businesses Derived from Lloyd's Coffee House *Lloyd's Coffee House, a London meeting place for merchants and shipowners between about 1688 and 1774 * Lloyd's of London, a British insurance market ** ''Lloyd's of London'' (film), a 1936 film about the insurance market ** Lloyd's building, its headquarters ** Lloyd's Agency Network * ''Lloyd's List'', a website and 275-year-old daily newspaper on shipping and global trade ** '' Lloyd's Lis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pao On V Lau Yiu Long
''Pao On v. Lau Yiu Long'' consideration and duress in English law">duress. It is relevant for English contract law. Facts Fu Chip Investment Co. Ltd., a newly formed public company, majority owned by Lau Yiu Long and his younger brother Benjamin (the defendants), wished to buy a building called "Wing On", owned by Tsuen Wan Shing On Estate Co. Ltd. ("Shing On"), whose majority shareholder was Pao On and family (the claimants). Instead of simply selling the building for cash, Lau and Pao did a swap deal for the shares in their companies. Shing On would get 4.2m $1 shares in Fu Chip, and Fu Chip bought all the shares of Shing On. Fu Chip bought all the shares in Shing On, and Pao received as payment 4.2m shares in Fu Chip (worth $2.50 for each $1 share). To ensure the share price of Fu Chip suffered no shock, Pao agreed not to sell 60% of the shares for at least one year. Also, in case the share price dropped in that year, Lau agreed to buy 60% of the shares back from Pao at $2. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unconscionability Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
