Barton v Armstrong
Encyclopedia
Barton v Armstrong [1973] UKPC 2 is an English contract law
case relating to duress
. It held that a person who agrees to a contract under physical duress may avoid the contract, even if the duress was not the main reason for agreeing to the bargain.
Street J found Mr Armstrong had threatened to have Mr Barton killed. But the NSW Court of Appeal said Mr Barton failed to discharge the onus that the threat had caused him to make the contract.
Lord Wilberforce and Lord Simon, dissenting jointly, held that while in substantial agreement on the law, there was no duress on the facts, but the threats needed to be at least "a" reason for entering the contract. They held the case,
The three tests for physical duress are to, first, ‘show that some illegitimate means of persuasion was used’ and second that ‘the illegitimate means used was a reason (not the reason, nor the predominant reason nor the cliching reason)’ and third that his evidence is ‘honest and accepted’.
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
case relating to duress
Duress
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner...
. It held that a person who agrees to a contract under physical duress may avoid the contract, even if the duress was not the main reason for agreeing to the bargain.
Facts
Mr Barton was the managing director of a company, whose main business was in property development. Its main projects were going through ‘Paradise Waters (Sales) Pty Ltd’. Barton made a deed so the company agreed to pay $140,000 to Armstrong, and buy his shares for $180,000. Mr Armstrong was the chairman of the board.Street J found Mr Armstrong had threatened to have Mr Barton killed. But the NSW Court of Appeal said Mr Barton failed to discharge the onus that the threat had caused him to make the contract.
Advice
The Privy Council advised that Mr Barton could avoid the contract for being under duress, and it did not matter that he may have agreed to the deal any way. Lord Cross, Lord Kilbrandon and Sir Garfield Barwick held that physical duress does not need to be the main reason, it must merely be one reason for entering an agreement. Lord Cross said the same rule should apply for duress as in misrepresentation, ‘that if Armstrong’s threats were ‘a’ reason for Barton’s executing the deed he is entitled to relief even though he might well have entered into the contract if Armstrong had uttered no threats to induce him to do so…’Lord Wilberforce and Lord Simon, dissenting jointly, held that while in substantial agreement on the law, there was no duress on the facts, but the threats needed to be at least "a" reason for entering the contract. They held the case,
The three tests for physical duress are to, first, ‘show that some illegitimate means of persuasion was used’ and second that ‘the illegitimate means used was a reason (not the reason, nor the predominant reason nor the cliching reason)’ and third that his evidence is ‘honest and accepted’.
See also
- English contract lawEnglish contract lawEnglish contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
- Lloyds Bank Ltd v BundyLloyds Bank Ltd v BundyLloyds Bank Ltd v Bundy [1974] is a landmark case in English contract law, on undue influence. It is remarkable for the judgment of Lord Denning MR who advanced that English law should adopt the approach developing in some American jurisdictions that all impairments of autonomy could be collected...
[1975] QB 326 - Williams v. Walker-Thomas Furniture Co.Williams v. Walker-Thomas Furniture Co.Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 , was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contract law. As a staple of first-year law school contract law courses, it has...
350 F.2d 445 (C.A. D.C. 1965)
- Astley v Reynolds (1731) 2 Str 915
- Skeate v Beale (1840) 11 AD & E 983 held unlawful detention of goods is not duress.