Atlas Express v Kafco Ltd [1989] 1 All ER 641.
Here, the plaintiff, a firm of road hauliers, contracted with the defendants to deliver cartons of basketware to various branches of Woolworths throughout the UK. A manager of the plaintiff's firm fixed the contract price at a rate of £1.10 per carton, based on an estimate that each load would consist of between 400 and 600 cartons. The first load fell significantly below his estimates, comprising only 200 cartons. The manager then refused to take any further loads unless the defendant agreed to renegotiate the contract price to a minimum of £440 per load. The defendant, a small organisation, was heavily reliant on the Woolworths contract and unable to find another carrier, so reluctantly agreed to pay the imposed minimum charge. At a later stage, the defendant refused to pay the minimum charge and, when sued for the transport charges, lodged a claim of economic duress as a defence. It was held that, where a party [...], this amounted to economic duress that vitiated the apparent consent to the re-negotiated terms.
Answer
has no alternative but to accept revised terms that were detrimental to its interest
Tags
#consideration #contract
Question
Atlas Express v Kafco Ltd [1989] 1 All ER 641.
Here, the plaintiff, a firm of road hauliers, contracted with the defendants to deliver cartons of basketware to various branches of Woolworths throughout the UK. A manager of the plaintiff's firm fixed the contract price at a rate of £1.10 per carton, based on an estimate that each load would consist of between 400 and 600 cartons. The first load fell significantly below his estimates, comprising only 200 cartons. The manager then refused to take any further loads unless the defendant agreed to renegotiate the contract price to a minimum of £440 per load. The defendant, a small organisation, was heavily reliant on the Woolworths contract and unable to find another carrier, so reluctantly agreed to pay the imposed minimum charge. At a later stage, the defendant refused to pay the minimum charge and, when sued for the transport charges, lodged a claim of economic duress as a defence. It was held that, where a party [...], this amounted to economic duress that vitiated the apparent consent to the re-negotiated terms.
Answer
?
Tags
#consideration #contract
Question
Atlas Express v Kafco Ltd [1989] 1 All ER 641.
Here, the plaintiff, a firm of road hauliers, contracted with the defendants to deliver cartons of basketware to various branches of Woolworths throughout the UK. A manager of the plaintiff's firm fixed the contract price at a rate of £1.10 per carton, based on an estimate that each load would consist of between 400 and 600 cartons. The first load fell significantly below his estimates, comprising only 200 cartons. The manager then refused to take any further loads unless the defendant agreed to renegotiate the contract price to a minimum of £440 per load. The defendant, a small organisation, was heavily reliant on the Woolworths contract and unable to find another carrier, so reluctantly agreed to pay the imposed minimum charge. At a later stage, the defendant refused to pay the minimum charge and, when sued for the transport charges, lodged a claim of economic duress as a defence. It was held that, where a party [...], this amounted to economic duress that vitiated the apparent consent to the re-negotiated terms.
Answer
has no alternative but to accept revised terms that were detrimental to its interest
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Open it reluctantly agreed to pay the imposed minimum charge. At a later stage, the defendant refused to pay the minimum charge and, when sued for the transport charges, lodged a claim of economic duress as a defence. It was held that, where a party <span>has no alternative but to accept revised terms that were detrimental to its interest, this amounted to economic duress that vitiated the apparent consent to the re-negotiated terms.<span><body><html>
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