Facts: 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 but before this a representative of Gallaher informed CTN that if CTN did not the pay the £17,000 all credit facilities would be withdrawn. CTN decided that paying was the lesser of two evils. CTN later sought to recover the money paid on the grounds of economic duress. It was held that 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 Limited v Gallaher Limited [1994] 4 All ER 714
Tags
#consideration #contract
Question
Facts: 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 but before this a representative of Gallaher informed CTN that if CTN did not the pay the £17,000 all credit facilities would be withdrawn. CTN decided that paying was the lesser of two evils. CTN later sought to recover the money paid on the grounds of economic duress. It was held that 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
Facts: 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 but before this a representative of Gallaher informed CTN that if CTN did not the pay the £17,000 all credit facilities would be withdrawn. CTN decided that paying was the lesser of two evils. CTN later sought to recover the money paid on the grounds of economic duress. It was held that 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 Limited v Gallaher Limited [1994] 4 All ER 714
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it CTN Cash and Carry Limited v Gallaher Limited [1994] 4 All ER 714
Facts: 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 cigare
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.