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Words: | Submitted: Tue Jan 23 2007
... J also looks at this side of the doctrine of duress in Occidental Worldwide Investment Corporation v Skibs A/S Avanti (The Siboen and The Sibotre6) where duress is not granted but Kerr J suggests that if a duress to goods case were to come up again it is more likely to be accepted. The final, and newest part of the doctrine of duress came about in the The Siboen and The Sibotre7, though it had been thought about before in cases such as D&C Builders v Rees8 but the it was not formalised until the above case, though Kerr J did not grant economic duress he set a test for it that the victim had to have protested at the time of the demand and whether or not the victim intended to repudiate the agreement, however, this would only occur if the contractual situation in question the pressures placed upon the ...
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