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Shades of Legality

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Peer-reviewed

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Article

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Abstract

Lawful act duress is a fraught doctrine because it condemns lawful behaviour. It may invalidate the legal consequences of lawful behaviour, namely a contract. This article poses the question: how do we distinguish between lawful actions that do – and do not – amount to duress? In answer to this question, it is argued that the current definition of illegitimate pressure, propounded by the Supreme Court in Times Travel (UK) Ltd v Pakistan International Airlines Corporation, is question-begging. It would be better to define illegitimate pressure as a threat that does not correspond to the type of the transaction. This definition is relatively easy to apply and explains the case law. It would place lawful act duress on a sound footing.

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Journal Title

Lloyd's Maritime and Commercial Law Quarterly

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Journal ISSN

0306-2945

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Publisher

Informa Business Intelligence

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