Facts: Under the terms of a contract by which Cremer was to deliver wheat to Huyton, Huyton was required to pay Cremer on presentation of documents in a particular form. Huyton accepted delivery of the goods but his bank refused to make payment to Cremer on the basis that the documents were not in the approved form. Before going to arbitration, the matter was resolved by Huyton agreeing to pay Cremer on condition that Cremer gave up its claims to various shipping expenses that Cremer would normally have been able to claim back from Huyton. Cremer later contended that it had entered into the agreement on grounds of economic duress. It was held that even if Cremer could show illegitimate pressure (which was doubted) it could not show that the pressure was a significant cause of its entering into the agreement. There was therefore no duress.
Answer
Huyton SA v Peter Cremer GmbH & Co [1999] 1 Lloyd’s Rep 620
Tags
#consideration #contract
Question
Facts: Under the terms of a contract by which Cremer was to deliver wheat to Huyton, Huyton was required to pay Cremer on presentation of documents in a particular form. Huyton accepted delivery of the goods but his bank refused to make payment to Cremer on the basis that the documents were not in the approved form. Before going to arbitration, the matter was resolved by Huyton agreeing to pay Cremer on condition that Cremer gave up its claims to various shipping expenses that Cremer would normally have been able to claim back from Huyton. Cremer later contended that it had entered into the agreement on grounds of economic duress. It was held that even if Cremer could show illegitimate pressure (which was doubted) it could not show that the pressure was a significant cause of its entering into the agreement. There was therefore no duress.
Answer
?
Tags
#consideration #contract
Question
Facts: Under the terms of a contract by which Cremer was to deliver wheat to Huyton, Huyton was required to pay Cremer on presentation of documents in a particular form. Huyton accepted delivery of the goods but his bank refused to make payment to Cremer on the basis that the documents were not in the approved form. Before going to arbitration, the matter was resolved by Huyton agreeing to pay Cremer on condition that Cremer gave up its claims to various shipping expenses that Cremer would normally have been able to claim back from Huyton. Cremer later contended that it had entered into the agreement on grounds of economic duress. It was held that even if Cremer could show illegitimate pressure (which was doubted) it could not show that the pressure was a significant cause of its entering into the agreement. There was therefore no duress.
Answer
Huyton SA v Peter Cremer GmbH & Co [1999] 1 Lloyd’s Rep 620
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it Huyton SA v Peter Cremer GmbH & Co [1999] 1 Lloyd’s Rep 620
Facts: Under the terms of a contract by which Cremer was to deliver wheat to Huyton, Huyton was required to pay Cremer on presentation of documents in a particular form. Huyton accepted
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.