Contrast the behaviour of the wrongdoers in the above cases to that of the defendants in [ case ]. CTN bought cigarettes from Gallaher under a long-standing contract, with each purchase being a separate transaction. Gallaher regularly gave credit to CTN. A consignment of cigarettes worth £17,000 due to be delivered was stolen from a warehouse and there was a disagreement about which party bore the risk. It later became clear that the risk was in fact with Gallaher. However, before it was established that the risk was with Gallaher, one of their representatives made it clear that if CTN did not pay the £17,000 all credit facilities would be withdrawn. CTN decided that paying was the lesser of two evils. They later sought to recover on the grounds that they had only paid as a result of economic duress. It was held that the claim must fail. The threat to remove credit facilities was coercive but not improper. The defendants were using the threat as a means of getting money they believed was due to them and not as a means of extorting money they knew not to be due.
Answer
CTN Cash and Carry Ltd v Gallaher Ltd [1994] 4 All ER 714
Tags
#consideration #contract
Question
Contrast the behaviour of the wrongdoers in the above cases to that of the defendants in [ case ]. CTN bought cigarettes from Gallaher under a long-standing contract, with each purchase being a separate transaction. Gallaher regularly gave credit to CTN. A consignment of cigarettes worth £17,000 due to be delivered was stolen from a warehouse and there was a disagreement about which party bore the risk. It later became clear that the risk was in fact with Gallaher. However, before it was established that the risk was with Gallaher, one of their representatives made it clear that if CTN did not pay the £17,000 all credit facilities would be withdrawn. CTN decided that paying was the lesser of two evils. They later sought to recover on the grounds that they had only paid as a result of economic duress. It was held that the claim must fail. The threat to remove credit facilities was coercive but not improper. The defendants were using the threat as a means of getting money they believed was due to them and not as a means of extorting money they knew not to be due.
Answer
?
Tags
#consideration #contract
Question
Contrast the behaviour of the wrongdoers in the above cases to that of the defendants in [ case ]. CTN bought cigarettes from Gallaher under a long-standing contract, with each purchase being a separate transaction. Gallaher regularly gave credit to CTN. A consignment of cigarettes worth £17,000 due to be delivered was stolen from a warehouse and there was a disagreement about which party bore the risk. It later became clear that the risk was in fact with Gallaher. However, before it was established that the risk was with Gallaher, one of their representatives made it clear that if CTN did not pay the £17,000 all credit facilities would be withdrawn. CTN decided that paying was the lesser of two evils. They later sought to recover on the grounds that they had only paid as a result of economic duress. It was held that the claim must fail. The threat to remove credit facilities was coercive but not improper. The defendants were using the threat as a means of getting money they believed was due to them and not as a means of extorting money they knew not to be due.
Answer
CTN Cash and Carry Ltd v Gallaher Ltd [1994] 4 All ER 714
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Open it Contrast the behaviour of the wrongdoers in the above cases to that of the defendants in CTN Cash and Carry Ltd v Gallaher Ltd [1994] 4 All ER 714. CTN bought cigarettes from Gallaher under a long-standing contract, with each purchase being a separate transaction. Gallaher regularly gave credit to CTN. A consignment of cigarette
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