Duress and consideration

Hi, just a bit of help please, I recall reading somewhere that duress must be taken into account when deciding on whether or not to enforce agreements to accept part payments of debt, does anyone know of any good authorities for this principle?

Reply 1

The West Wing

18

I think the precise element you're referring to is Denning's requirement for estoppel to be a shield only when the defendant has 'clean hands' (D&C Builders v Rees)

Reply 2

chigz32

15

High Trees House case? Lord Dennig talked about duress and part payment there

Reply 3

anon_law

OP

Thanks, I appreciate the help.

Reply 4

abzdfg1234

Also Williams v Roffey talks about the issue of duress. There are tonnes of cases.

Technically D & C builders did not deal with economic duress but merely Denning in dictum saying they would fail in equity due to unclean hands.

Also remember Foakes v Beer- Part payment of a debt is not good consideration. Was made very clear by ReSelectMove- therefore doubtful whether there would be an enforceable agreement anyway.

Reply 5

Azori

anon_law

Hi, just a bit of help please, I recall reading somewhere that duress must be taken into account when deciding on whether or not to enforce agreements to accept part payments of debt, does anyone know of any good authorities for this principle?

Agreements to accept part payment of debt normally come hand in hand with promissory estoppel not economic duress. Economic duress cases are more frequently associated with practical benefit issues and williams v roffey

Duress and consideration

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