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Commercial negotiations or illegitimate pressure? Lawful act economic duress in light of Pakistan International Airline Corporation v Times Travel (UK) Ltd
Graduate Thesis/Dissertation   Open access

Commercial negotiations or illegitimate pressure? Lawful act economic duress in light of Pakistan International Airline Corporation v Times Travel (UK) Ltd

Jiarun Chambers
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2021
Handle:
https://hdl.handle.net/10523/47583
Appears in  Dissertations

Abstract

Law economic duress United Kingdom doctrine of lawful act economic duress
This dissertation will provide analysis into the question of whether, and if so in what kinds of situations, a contract entered into as a compelled result of a defendant’s lawful action or threat of carrying out a lawful action should constitute illegitimate pressure such that a key requirement for rendering the contract voidable is satisfied. Specifically, this dissertation will— (a) analyse and critique Lord Hodge’s lead judgment in Times Travel; (b) analyse and critique Lord Burrows’ concurring judgment in Times Travel; (c) analyse the New Zealand Court of Appeal’s approach taken in Dold v Murphy; and (d) recommend a course of action for New Zealand to take in light of Times Travel for the future.
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