Classic Classic Quiz Duress, Undue Influence and Unconscionability by Diamondsareforever Diamondsareforever 38 played - 12 yrs ago A quiz relating to the doctrines of duress, undue influence and unconsionability in English contract law QUIZ 30 QUESTIONS hard English 1 What is the basis of these doctrines? That there was something unacceptable about the processTo get people out of bad bargainsTo get people out when they are capable of sticking to agreementsTo create a wide exception in the lawTo allow people out where the process is fine but the end result is not what the parties wanted 2 Which case defined duress as "the victims intentionally submission arising from the realisation that there is no other practical choice open to him"? Barton v ArmstrongAtlas Express Ltd v KafcoUniverse Tankships Inc. of Monrovia v International Transport Workers Federation (1983)Huyton SA v Peter CremerDSND v Geo Services 3 Which case said that duress occurs when a metaphorical club has been used? Rookes v Barnard (1964)Barton v Armstrong (1976)Royal Bank of Scotland v Etridge (No 2) (2001)Tate v Williamson (1866)Alec Lobb v Total Oil 4 Which case relates to duress of the person? Mohamed v Alaga (1999)Barton v Armstrong (1976)Atlas Express Ltd v KafcoHuyton SA v Peter CremerDSND v Geo Services 5 What does the pressure need to be (duress of the person)? A reasonThe reasonThe predominate reasonThe clinching reasonAn unfair reason 6 What does duress of goods relate to? Threatening to harm someone's goodsThey do something to your propertyActual or threatened violence to or illegal seizure of goods or other propertyActual violence to goodsIllegal seizure of goods 7 When is economic duress allowed? Where there has been such serious financial circumstances that the other party had no choice but to enter the contractIn all casesWhere the pressure is provided for with considerationWhere there is a threat to property or goodsWhere someone illegally seizes your property 8 Which case relates to the idea of economic duress? Royal Bank of Scotland v Etridge (No 2) (2001)Atlas Express Ltd v Kafco (Importers and Distributors) Ltd (1989)Daniel v Drew (2005)Tate v Williamson (1866)Alec Lobb v Total Oil 9 Why was economic duress allowed in the case of B&S Contracts and Designs Ltd v Victor Green Publications Ltd (1984)? Because victor green had acted unreasonablyBecause all behaviour had been in accordance with statuteBecause the parties had acted in good faithBecause one party had demanded more moneyBecause one parties promise was not supported by consideration 10 What case held that the illegitimate pressure has to have actually caused the making of the agreement? Barton v ArmstrongAtlas Express Ltd v KafcoHuyton SA v Peter Cremer GmBH & Co (1999)DSND v Geo ServicesRoyal Bank of Scotland v Etridge (No 2) (2001) 11 What change has been made since the case of Huyton? The pressure only needs to be a causeThe pressure only needs to be a significant causeThe pressure must be the causeThe pressure must be the sole causeThe pressure only needs to have existed 12 Which of these will the courts not take into account when determining the existence of causation? The availability of an adequate alternative remedyWhether there has been a compromise or a submission to a claim made in good faithWhether the deal is a good oneWhether the victim has protestedWhether the victim has taken independent legal advice 13 Why was the agreement in Pao On v Lau Yiu Long (1980) not set aside for duress? The party had got independent legal adviceThere was an alternative remedyThe party had compromisedThe deal was a good oneThe victim had protested a lot 14 What was the threat made in the case of North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd (1979)? To pay more moneyTo breach contractTo take away moneyTo sell to someone elseTo build a ship 15 Why was there no duress in DSND Subsea v Petroleum Geo-Services ASA (2000)? Because the behaviour was not reasonableBecause the behaviour was reasonableBecause the threat was not a significant causeBecause the threat was legitimateBecause the threat was to break property 16 What was the rule created by CTN Cash & Carry Ltd v Galleher Ltd (1994)? That were a threat is reasonable in the circumstances there is no duressThat where the threat is immoral there is no duressWhere the parties have acted in good faith there is no duressThat lawful action will not constitute duressWhere the demand is reasonable there is no duress 17 What does duress render a contract? VoidableVoidBrings it to an end 18 Which case defined the two types of undue influence? Barton v ArmstrongAtlas Express Ltd v KafcoRoyal Bank of Scotland plc v Etridge (No 2) (2001)Huyton SA v Peter CremerDSND v Geo Services 19 What is actual undue influence? Where there is a special relationship between the partiesWhere there has been duressWhere one party exercised such domination over the mind and will of the other that the latters independence of decision was substantially underminedWhere your ability to decide has been effected by a special relationshipWhere there was influence but it was not exercised 20 What case defined actual undue influence as "may be led, but she must not be driven"? Huyton SA v Peter CremerDSND v Geo-ServicesRoyal Bank of Scotland v Etridge (No 2) (2001)Beltini v GyeDaniel v Drew (2005) 21 What is presumed undue influence? Where there is no act but the nature of the relationship gives rise to the presumption of influenceWhere there is something that means you were influencedWhere the relationship is such that no influence existedWhere there was something wrong with the relationshipWhere confidence in one person is not abused 22 Which case defined presumed undue influence as a situation where confidence is abused? Harley v Hymans [1920]Alec Lobb v Total OilTate v Williamson (1866)Barton v ArmstrongAtlas Express Ltd v Kafco 23 Which case gave rise to the idea of Class 2A and Class 2B relationships? Huyton SA v Peter CremerDSND v Geo ServicesRoyal Bank of Scotland v Etridge (2002)Tungsten v Tool Metal Manufacturing [1955]Daniel v Drew (2005) 24 What case defined unconscionability as a situation where there is some impropriety in terms of the transaction itself that shocks the conscience of the court? Alec Lobb (Garages) Ltd v Total Oil GB Ltd (1983)Tate v Williamson (1866)Routledge v McKayBarton v ArmstrongAtlas Express Ltd v Kafco 25 Which of these is not one of the four elements of unconscionability? The other party did not recognise your vulnerabilityThe vulnerable parties special or serious disadvantageConscious and reprehensible exploitationHighly disadvantages or oppressive termsThe disadvantaged party must not have sought independent legal advice 26 What is a class 2A relationship? One that is based on the facts of the relationshipA husband and wifeOne that is legally recognised as having illegitimate pressureOne between a business and a clientOne where there is confidence 27 What is a notable exception to Class 2A relationships? Father and SonBank and ClientSolicitor and ClientHusband and WifeWife and Solicitor 28 Which case partially overruled the idea that a threat of breach of contract does not amount to duress? Pao On v Lau Yiu Long (1980)North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd (1979)DSND v Geo ServicesRoyal Bank of Scotland v Etridge (No 2) (2001)Daniel v Drew (2005) 29 How many cartons were estimated to be carried in the case of Atlas Express Ltd v Kafco (Importers and Distributors) Ltd (1989)? 40010500108100 30 What sort of standard is the test of economic duress? Harsh standardA low standardA high standardBut for standardAn unreasonable standard A mistake in this Quiz ? Contact the author Commentaires
