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Words: | Submitted: Mon Jun 19 2006
... into. It is for the defence to prove such threats made no contribution to the other parties will. It must be stressed that the act must be illegal so a threat to sue would be justified if it were true. The principles of duress of the person have been given in a Privy Council case Barton-v-Armstrong which, although not a binding precedent, would be persuasive on the courts.This case has not answered the question of duress to a third party. Here we can look at the principles in criminal law which seem to suggest in R-v-Howe that a defence of third party duress is available but only on the facts of each individual case. The tort of intimidation may afford a ground for relief in this area. The criminal law of blackmail could forward the equitable principle that no person should benefit from their own wrong doing. The question of ...
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