Chapter 17 Self-test questions

. What type of pressure may ground an action for duress?

Physical pressure.

Economic pressure.

Neither of the options given is correct.

Both of the options given are correct.

. May a victim of physical act duress recover property acquired by a bona fide purchaser?

Yes.

No.

. Which types of threat suffice to ground a duress claim?

Only threats of violence.

Only acts of violence.

Any threat or act of violence.

Only threats or acts of violence which contribute to the decision-making of the victim.

. All forms of commercial pressure are capable of grounding claims in economic duress. True or false?

True.

False.

. Why did Tucker J hold that the defendant was not bound by its agreement in Atlas Express Ltd v Kafco?

The defendant's signature was procured by economic duress.

There was no consideration to support the amendment.

Neither of the options given is correct.

Both of the options given are correct.

. How might we distinguish between Atlas Express Ltd v Kafco and Williams v Roffey Bros?

There was no identifiable practical benefit in Atlas.

There was no imbalanced commercial relationship in Atlas.

There was no threat in Williams.

Williams was not a case about a re-negotiated contract.

. For duress, must the person threatened have their consent entirely vitiated?

Yes.

No.

. Why will a claim in economic duress fail if there was a reasonable, practical alternative available to the claimant, even if they do not opt for that alternative?

The person was not under any pressure at all.

The pressure was not illegitimate.

The person makes a commercial choice to give in to the threat.

None of the options given is correct.

. Is inequality of bargaining power sufficient to make the contract voidable?

Yes.

No.

No, but it is sufficient to make the contract void.

No, but it is sufficient to automatically rescind the contract.

. Can a threat to breach a contract constitute grounds for duress?

Only if the threat is intended to cause economic harm.

Yes, in most cases.

Only where there is concurrent liability in tort.

No, never.

. Which of the statements below about the Court of Appeal decision in Times Travel (UK) v Pakistan International Airlines Corporation is true?

The Court of Appeal held that lawful act duress could occur in every instance where commercial pressure is applied.

The Court of Appeal held that lawful act did not exist.

The Court of Appeal would regard any act, wrongful or not, as potentially actionable in duress.

The Court of Appeal took a more restrictive approach to lawful act duress, emphasising the need for an illegitimate act.

. Under Regulation 7 of the Consumer Protection from Unfair Trading Regulations 2008, when will a commercial practice be aggressive?

If it impairs the average consumer's freedom of choice.

If it is likely to cause the consumer to take a transactional decision that they would not have taken otherwise.

Neither of the options given is correct.

Both of the options given are correct.

. Which of the following methods will not ground a practice being regarded as aggressive under Regulation 7?

Harassment.

Hyperbole.

Coercion.

Undue influence.

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