Duress - Elements of Duress - Coercion

3 important questions on Duress - Elements of Duress - Coercion

Principle from Pao On v Lau Yiu Long (Per Lord Scarman)

Material if:
Party protested
Alternative Course made available
Independent Advice made available
Avoidance

Principle from A-G for England and Wales v R (Per Tipping J)

"Illegitimate pressure may amount to duress even if there is a practical choice, but the absence of practical choice may suggest the pressure is illegitimate"

Principle from Pharmacy Care Systems Ltd v Attorney-General (Per Hammond J)

"The victim’s will must have been overborne by the improper pressure so that his or her free will and judgment have been displaced"

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