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Moot Problem


Mooting Problem

Mooting Problem

Hi guys, would appreciate if anyone can guide throughthis mooting problem. I am acting for the appellant
Thank you!

In the House of Lords

Hurley -v- Grant

Henrietta Hurley, a film star, wanted a summer house anda swimming pool constructed in her back garden. She putthe job out to tender and accepted the offer of GeraldineGrant, a building contractor, who agreed to do the workfor £5,000. Both G and H knew that this was anunrealistically low price. G having completed the summerhouse and begun construction of the swimming pool ranout of money and materials for the job. G told H that shecould not complete the job unless further capital wasmade available to her. H, who had hoped to win newroles, was desperate to have the pool completed. Shetells G "Dahling you have me over a barrel". H agreed tolend G £3,000 in order to buy the materials necessary toensure that the pool was completed, the money to berepaid when G secured her next contract. The pool wascompleted; the party was a success and H was awardedthe starring role in the new movie "Four Funerals and aCar Drive". H tells G, "Dahling you have saved my career.Don't worry about the £3,000". G starts a new project,whereas H's new film is a complete flop.

H sues G for the £3,000 on either of 2 grounds:
* As an ordinary debt
* The money was extorted by duress

Divine J held:

*The rule in Pinnel's case (1602) was modified byWilliams v Roffey Brothers [1990] and therefore thecompletion of H's pool was capable of constituting andconstitutes a benefit in fact which was sufficientconsideration for H's payment of the extra £3,000

*Further Hs promise to pay £3,000 was not procured byG's economic duress, because although G exertedillegitimate pressure by threatening to break her contract,H's will was not overborne by Gs behaviour. Pao On vLau Yiu [1980] applied.

The Court of Appeal upheld that decision of Divine J.

H now appeals to the House of Lords on 2 grounds:

* The respondent had exerted illegitimate pressure inprocuring the money from the Appellant
* It is not a necessary ingredient in an action for therecovery of money paid under economic duress that thepayor's will was overborne.

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