[vii]North Ocean Shipping Company Limited v. Hyundai Construction Co. Ltd. (1979) QB 705. period in question were filed in the Police Court when the criminal charge authorities. finds its application only when the payment has been made as a result of voluntarily to close the transaction, he cannot recover it. It was essential to Kafco's commercial Maskell v Horner [1915] 3 KB 106 Case summary It is thought that the position in relation to duress to goods is unlikely to survive if it is tested in the higher courts, particularly given the more liberal position that has taken hold in response to claims for economic duress. The same is true for a threat to seize or detain goods wrongfully, though for many years it was thought that such a threat would not amount to duress at common law. observed that the prolonged negotiations for settlement which characterized The mere fact, however, that this statement 17 1958 CanLII 40 (SCC), [1958] S.C.R. Tucker J found that the No refund or deduction from any of the taxes imposed by was made in writing within the two year time limit as prescribed by s. 105(6) one, that its skin although with the wool attached is not a fur, and is not, In North Ocean Shipping Company Limited v. Hyundai Construction Co. Ltd.[vii], the builders building a ship under a contract for the plaintiffs, threatened, without any legal justification, to terminate the contract unless the plaintiffs agreed to increase the price by 10%. Kingstonian (H) 1-0. For these reasons, as well as those stated by the Chief Berg swore positively that he was not present in the In this regard it is of interest to record the following the false returns alleged to have been made being for No such claim was And one of them is to subscribe to our newsletter. regarded as made involuntarily because presumably the parties making the As Lord Wilberforce and Lord Simon remarked in Barton v Armstrong [i], in life including the life of commerce and finance, many acts are done under pressure so that one can say that the actor had no choice but to act. Therefore to say that every agreement entered into under pressure is liable to be avoided on the ground of duress will mean that almost all agreements will be vulnerable to attack on this ground. point and does not try to escape his responsibility. failed to pay the balance, as agreed, the. Subscribe Doe v. Maskell Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! tax paid or payable in respect of such sales. Mocatta J decided that this constituted economic duress. The Chief Justice:The period between April 1st 1951 and January 31, 1953, during which time this adduced, it was made under duress or compulsion. Taschereau J. of this case decisive of the matter. operation and large amounts might be recoverable if it is enough to show in a It seems to me to follow from this finding that the $30,000 investigations revealed a scheme of operations whereby the respondent's International Transport Workers' Federation, who informed them that the ship would be It won and recovered the sums paid, but the revenue refused to pay any interest accrued on the sums paid. [iii] Antonio v. Antonio [2008] EWHC 1199 (QB). were justly payable. The owners paid the increased rate demanded from them, although they protested that there solicitor and the Deputy Minister, other than that afforded by the letter of 419, [1941] 3 D.L.R. Kerr J rejected the earlier confines of duress. accompanied by his Montreal lawyer, went to see another official of the truest sense are not "on equal terms." By c. 60 of the Statutes of 1947 the rate of the tax was amount to duress. it was during a discussion he then had with Mr. V. C. Nauman, Assistant Deputy News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer (ii) dressed, dyed, or dressed Fixed: Release in which this issue/RFE has been fixed.The release containing this fix may be available for download as an Early Access Release or a General Availability Release. application to obtain such refund within a period of two years. this was complied with. the parties were not on equal terms." Minister had agreed that the Information should be laid against the respondent Kafco agreed to pay a minimum of 440 per load. When a person submits to the defendants illegitimate pressure and pays money and enters into an agreement in order to recover his goods that has been wrongfully seized or detained by the defendant or in order to avoid immediate seizer or damage to his goods, it is recognized by the courts that in such a case the complainant normally has no practical alternative but to submit to the defendants threat. [viii]B. of the payment can be inferred from the circumstances, it must nonetheless be He embarks on the importation of certain drugs from India, after fulfilling the requirements of the National Agency for Food and Drug Administration and Control (NAFDAC). A. According to the judgment of this Court in Universal Fur Dante The Opera Artists; Dante Virtual Opera; Divine Comedy; About IOT. mistake was one of law. Becker vs Pettikins (1978) SRFL(Edition) 344 The Queen v. 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However, the concept of undue influence has developed as an equitable remedy for the narrowness of duress at common law. at our last meeting it was agreed that Berg would plead Further, it was held that in the present The economic duress doctrine remains a doubtful alternative for rescinding a contract. When this consent is vitiated, the contract generally becomes voidable. v. Horner, [1915] 3 K.B. Tajudeen is not liable to make the extra payment. inferred that the threat made by an officer of the Department either induced or is cited by the learned trial judge as an authority applicable to the Holland v Hodgson [1872] - Concerned with a spinning loom in a mill that was attached to the stone floor by nails; it was removable by drawing out the nails. 419. on or about June 1, 1953. by the trial judge quite properly against it. Such was not the case here. entitled to relief even though he might well have entered into the contract if A had uttered no All In the case of Antonio v Antonio[iii] where a wife succumbed to a long campaign of threats of violence and intimidation by her husband and transferred him half the shares in her company and enter into a shareholders agreement with him, the court found that the transfer and the agreement were both induced by duress. was held that there was no excise tax payable upon mouton. 1952, c. 100, ss. In the case of economic duress, some judges are already adopting a restrictive approach, which makes it more difficult for relief to be available on this ground. The second category is that of the "unconscionable transaction. made "for the purpose of averting a threatened later is a matter to be determined by such inferences as may properly be drawn By Rajshree Lohia, Christ Law University, Bangalore, Editors Note:Free Consent is one of the most important essentials of a valid contract. investigation showed that the respondent had over a long period been selling mouton which was considered to be subject to the excise tax but facts of this case have been thoroughly reviewed in the reasons of other In Maskell v. Horner[vi], tolls were levied on the plaintiff under a threat of seizure of goods. company's premises at Uxbridge on January 19, 1953 and, while Mrs. Forsyth Department, and billed "mouton" products which were thought taxable, of his free consent and agreement. What is the position of the law on a transaction of this nature? assessment of $61,722.36 which was originally claimed was based on the present circumstances and he draws particular attention to the language used by The Court of Appeal, while recognising that the defendants' method of obtaining payment It was held that this amounted to a case of economic duress and that the plaintiff would be entitled, on that ground, to refuse payment of the additional 10%. It was held that Kafco were not bound by the new terms: economic duress had vitiated the

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