This essay delves in the moral aspects of contract law through a detailed analysis of the jurisprudence of economic duress. Answering questions like; Does the common law doctrine of economic duress make courts, not legislators, aribrators of commercial morality. Further, does this inject uncertainty in contract law? Where do judges decide on what is legitimate commercial pressure in hard cases?
I further argue that a legislator should establish the foundations of an absolute test for judges, following the civil law system - to promote efficient and cost effective justice . Put simply - with clear rules, the ability to appeal is reduced.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Historical Origins of Doctrine
- Alternative Protections
- What is legitimate commercial pressure?
- Tort of Intimidation: A Turning Point
- Lack of a Threat: Requirements
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay critically discusses the view that the doctrine of economic duress is an unwelcome addition to contract law. It argues that judges should not be required to make moral decisions in this context, as this responsibility should be left to the legislature. The essay examines the distinction between legitimate and illegitimate commercial pressure, explores the role of judges as arbiters of commercial morality, and analyzes relevant case law and legislation.
- The distinction between legitimate and illegitimate commercial pressure
- The role of judges as arbiters of commercial morality
- The impact of the tort of intimidation on economic duress
- The relationship between lawful acts and illegitimate pressure
- The development of the doctrine of economic duress in English contract law
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: The essay introduces the doctrine of economic duress and its definition, outlining the elements necessary to prove it. It also presents the author's disagreement with the view that the doctrine is an unwelcome addition to contract law.
- Historical Origins of Doctrine: This section traces the development of the doctrine of economic duress in English contract law, highlighting key cases such as Dimskal Shipping v ITWF (The Evia Luck) and Universal Tankships Inc of Monrovia v International Transport Workers' Federation (The Universal Sentinel).
- Alternative Protections: This section explores the alternative protections available to claimants in situations involving economic duress, focusing on the case of The Universal Sentinel.
- What is legitimate commercial pressure?: This section examines the factors considered by courts in determining whether commercial pressure is illegitimate, including threatened breach of contract, available alternatives, and the good or bad faith of the party exerting the pressure.
- Tort of Intimidation: A Turning Point: This section discusses the tort of intimidation, established in Rookes v Barnard, and its relevance to economic duress. It focuses on the case of Kolmar Group AG v Traxpo Enterprises PVT ltd.
- Lack of a Threat: Requirements: This section examines the requirement for a threat to be unlawful in cases of economic duress, exploring the distinction between lawful and illegitimate threats. It discusses cases such as CTN Cash & Carry Ltd v Gallaher Ltd and Progress Bulk Carriers Ltd v Tube City IMS LLS.
Schlüsselwörter (Keywords)
The primary keywords and focus topics of this essay include economic duress, legitimate and illegitimate commercial pressure, judges as arbiters of commercial morality, tort of intimidation, lawful acts and illegitimate pressure, threatened breach of contract, trade union disputes, and relevant case law such as Pao On v Lau Yiu Long, The Universal Sentinel, Occidental Worldwide Investment Corporation v Skibs (The Sibeon and The Sibotre), North Ocean Shipping Co v Hyundai (The Atlantic Baron), Kolmar Group AG v Traxpo Enterprises PVT ltd, CTN Cash & Carry Ltd v Gallaher Ltd, and Progress Bulk Carriers Ltd v Tube City IMS LLS.
- Quote paper
- Ronan Garvey (Author), 2015, Economic Duress: Judges as Arbitrators of Commercial Morality?, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/544540
