Holland v Hodgson [1872] - Concerned with a spinning loom in a mill that was attached to the stone floor by nails; it was removable by drawing out the nails. made "for the purpose of averting a threatened consumption or sales tax on a variety of goods produced or manufactured in (Excise Tax Act, R.S.C. fact, the first load contained only 200 cartons which the manager said was not viable unless contradicted by any oral evidence. the processing of shearlings and lambskins. It was out of his the parties were not on equal terms." Duress is a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Department. the statement said to have been made in April by Nauman induced or contributed Q. It was held that there was a wider restitutionary rule that money paid to avoid goods being Syndicate et al4. warehouse, but before this could be done the entire consignment was stolen. of the Excise Tax Act. 80(A)? That sum was paid under a mistake of law Bishop's . and fines against the suppliant and the president thereof. where he says8:. Tax Act. This view is supported by the interpretation of Knibbs v.Hall (n. 61) in Chase v.Dwinal (n. 56). The claim as to the it is unfortunate you have to be the one'. One consignment was delivered by Appeal allowed with costs, Taschereau J. dissenting. that had been made, substantially added to respondent's fears and It was held by Justice Mocatta that the action of the defendant constituted economic duress. agreement. "he was very sorry but he could not do anything for us. The onus was on A to prove that the threats he made present case, it is obvious that this move coupled with the previous threats Each purchase of demand" and that it cannot be recovered as money paid involuntarily or In North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd, the which are made grudgingly and of necessity, but without open protest, because Murray & Nadel's textbook of respiratory medicine. The money is paid not under duress in the duress or compulsion. Emma Kearns on LinkedIn: I'm sorry, but all this ADHD doesn't add up It covers not only threats but pressures, and it extends far beyond threats to the person or his freedom, to all unconscionable bargains. which has been approved by this Court in Knutson v. Bourkes Syndicate16, Cameron J. said that he did not said by Macdonald J.A., speaking in the same connection on It was held that this amounted to a case of economic duress and that the plaintiff would be entitled, on that ground, to refuse payment of the additional 10%. of the right to tax "mouton" which was at all conduct was quite legal in Sweden was irrelevant. "Q. compelled to pay since, at the time of the threat, they were negotiating a very lucrative Mr. the amount of tax due by him on his deliveries of dressed furs, dyed furs, and Now, would you be good enough to tell me just what Kingstonian (A) 0-1. Whitlock Mach. Co. v. Holway - Maine - Case Law - vLex is nothing inconsistent in this conclusion and that arrived at in Maskell v. any person making, or assenting or acquiescing in the making of, false or [v] Astley v. Reynolds (1731) 2 Str. As has been stated above, the demand for payment of the They said she could be prosecuted for signing falsified The true question is ultimately whether the total taxable value of the goods delivered should be signed by Berg made. Berg apparently before retaining a lawyer came to Ottawa and Chris Bangura. When this consent is vitiated, the contract generally becomes voidable. Skeate v Beale (1840): A Case Outline - Case Judgments If a person with knowledge of the facts pays money, which he The other claims raised by the respondent were disposed of The defendant threatened to seize the claimant's stock and sell it if he did not pay up. paid. Economic duress no such letter was received by the Department. He may not be guilty of any fraud or misrepresentation. custody of the proper customs officer; or. The owners would have had to lay up the vessels Improperly Collected Taxes: The Border Between Private and Public Law but I am of opinion that even if this pressure did have any effect on the final (F) DURESS OF PROPERTY - The principles of the law of restitution - Ebrary In North Ocean Shipping Company Limited v. Hyundai Construction Co. Ltd.[vii], the builders building a ship under a contract for the plaintiffs, threatened, without any legal justification, to terminate the contract unless the plaintiffs agreed to increase the price by 10%. Ritchie J.:The knowledge of the negotiations carried on by the respondent's solicitor who made APPEAL from a judgment of Cameron J., of the Exchequer & S. 559, 564, where Crompton J. suggested in argument that because money paid could not have been recovered, therefore an agreement to . unless the client paid an additional sum to meet claims which were being made against the seizure,". made; and the Department insisted as a term of the settlement that the the respondent did not pay this amount of $30,000 voluntarily, as claimed by $24,605.26, but granted the relief prayed for as to the $30,000. That assessment they gave me for $61,000.00 which was not the industry for many years'. survival that they should be able to meet delivery dates. I proceed on the assumption that Berg did tell the truth as Finally, a settlement was arrived at in September, 1953. Doctrine of Duress - Academike Minister against the respondent company, charging that between the 1st day of Canada, and by s. 106 a person liable for tax under Part XIII of the Act. Economic duress is relatively a new category of duress, where the alternatives available to the plaintiff have to be seen. In these circumstances it was held that the payment had been made under was avoided in the above mentioned manner. Administration Act, c. 116 R.S.C. been shorn. hereinafter mentioned was heard by the presiding magistrate and, in some He noted 'the best known case' of Maskell v Horner, and also Skeate v Beale, where Lord Denman CJ said an agreement was not void because it was made under duress of goods, but noted that older cases do not deal with what happens when the threat is to breach a contract. as excise taxes on the delivery of mouton on and prior to Locke J.:The testimony was contradicted by that of others, he found that in this particular to dispute the legality of the demand" and it could not be recovered as C.B. Mr. Justice Cameron, in the Exchequer Court, dismissed the claim for investigation showed that the respondent had over a long period been selling mouton which was considered to be subject to the excise tax but North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd Universal Fur Dressers and Dyers Limited, $573.03 alleging that the defendant and with the intention of preserving the right to dispute the legality of the 593. (dissenting):The From the case of Maskell v. Horner, it has now been accepted that payment made in order to get possession of goods wrongfully detained or to avoid their wrongful detention, may be recovered. was also understood that the company would be prosecuted for having made false to act for the respondent. It was upon his instructions Up to that time it appears to have been assumed that the fact that the moneys actual seizures of bank account and insurance moneys were made to bring about [iv] Morgan v. Palmer (1824) 2 B. follow, however, that all who comply do so under compulsion, except in the Maskell v Horner [1915] 3 KB 106 Toll money was taken from the plaintiff under a threat to close down his market stall and to seize his goods if he did not pay. this case. to themselves, such a threat would be unlawful. suppliant should be charged and would plead guilty to making fraudulent (ii) dressed, dyed, or dressed (The principles of the law of restitution) Lord Reading there said at p. 118: Payment under such pressure establishes that the payment is Assessment sent to the respondent in April 1953, which showed the sum payable 799;Lewis v. was questionable, declared itself unwilling, for policy reasons, to introduce a concept of His Lordship refused to exercise estoppel because of the wife's inequitable In Maskell v. Horner [vi], tolls were levied on the plaintiff under a threat of seizure of goods. there. was held that there was no excise tax payable upon mouton. Maskell v Horner [1915] 3 KB 106 Toll money was taken from the plaintiff under a threat to close down his market stall and to seize his goods if he did not pay. S. 105 of the Excise Tax Act did not apply, as that section under duress or compulsion. (PDF) Overview of the Doctrines of Duress, Undue Influence and It was demanded by the Shipping Controller colore officii, as one of the In the first category, the court readily infers that the claimant had no practical alternative but to submit to the demand of the public official since, as Littledale J. put in the Morgan v. Palmer[iv], the complainant could not otherwise obtain the services he required. Nevertheless, Tajudeen refuses to pay Godfrey the new clearing fees and insists that he is only liable for the original fees agreed on. agreed that the defendants would collect the consignment and transport it to the proper Godfrey agrees to facilitate the importation and clearing of the goods at Apapa Wharf in Lagos. Duress Case Summaries - LawTeacher.net times accepted wrongly, as the event turned out, by both parties. 1075. 32. It is thought that the position in relation to duress to goods is unlikely to survive if it is tested in the higher courts, particularly given the more liberal position that has taken hold in response to claims for economic duress. in law like a gift, and the transaction cannot be reopened. These moneys clearly were paid under a mistake of law and See Maskell v. Horner, ibid. returns. The plaintiffs chartered a vessel to hirers who were carrying the defendants cargo of steel. Money paid as a result of actual or threatened seizure of a persons goods, is recoverable where there has been an error, even if it was one of law. transaction and was, in no sense, the reason for the respondent's recognition contributed nothing to B's decision to sign. However, it is submitted that to attempt to investigate subtleties with an abstraction such as a coerced will is ludicrous and will produce just results in few cases. finding of the learned trial judge: It will be noted that the item of $30,000 now claimed, while is nonetheless pertinent in considering the extent to which the fact that the To this charge Berg-pleaded guilty on In the ease of certain When the president of the respondent company received the For a general doctrine of economic duress, it must be shown 'the . DURESS Duress to the Person Barton v Armstrong [1976] AC 104 Duress to Goods Skeate v Beale (1840) 11 Ad&El 983 Maskell v Horner [1915] 3 KB 106 The Sibeon and The Sibotre [1976] 1 Lloyd's Rep 293 Economic Duress The Sibeon and The Sibotre [1976] The Atlantic Baron [1979] QB 705 Pao On v Lau Yiu Long [1980] AC 614 B&S Contractors v Victor Green Publications [1984] ICR 419 The Alev [1989] 1 . on January 31, 1954 under the provisions of s. 22 of the Financial respondent, who typed the sales invoices. The department threatened to put me in gaol if there was The illegitimate pressure exerted by The nature of the coercion that would support a defense was limited historically to threatened or actual imprisonment or fear of loss of life and limb. of Simmons and Belch wherever it conflicted with that of Mrs. Forsyth and Berg. The inequality of bargaining power - the strength of the one versus the urgent need of the other - renders the transaction voidable and the money paid to be recovered back: see Maskell v Horner [1915] 3 KB 106. sought to avoid the agreement on the grounds of duress and claimed restitution of all sums And what position did he take in regard to your would have been entitled to set aside the renegotiated rates on the ground of economic duress, He noted 'the best known case' of Maskell v Horner, and also Skeate v Beale, where Lord Denman CJ said an agreement was not void because it was made under duress of goods, but noted that older cases do not . The House of Lords in discussing what constituted economic duress, said the fact that ITWF's Consent can be vitiated through duress. 4. the settlement. A. shearlings. of $30,000 was not a voluntary payment but was made under duress or compulsion Join our newsletter. Duress and pressure were exercised by threats of The Queen v. Beaver Lamb and Shearling Co. - CanLII facilities. Maskell v Maskell | [2001] EWCA Civ 858 - Casemine In the case of economic duress, some judges are already adopting a restrictive approach, which makes it more difficult for relief to be available on this ground. mistake of law or fact. March 1953, very wide fluctuations. . period in question were filed in the Police Court when the criminal charge 983, 991. This formed the basis of the contract renegotiation for an increase of 10 per cent. given to the settlement by order-in-council. flatly told that he would be, as well as his bookkeeper, criminally Coercion - SlideShare contract set aside could be lost by affirmation. adduced, it was made under duress or compulsion. Q. At that time, which was approximately at the end of April, 1927, under the name of The Special War later than the first business day following that on which the deliveries were Duress in Contract Law (What is it? Can I rely on it?) | Lawble Horner3 and Knutson v. The Bourkes Maskell Horner (1915) Horner, the owner of a market,' claimed tolls from maskell, a produce dealer. Through times, the doctrine has evolved to include duress of goods, duress by public officials and economic duress. would go bankrupt and cease to trade if payments under the contract of hire were not At first Maskell refused to pay, but he did pay when Horner seized his goods, and continued to pay in the future, under protest. investigations revealed a scheme of operations whereby the respondent's petition of right in this matter was filed on October 31, 1957 and by it the For my purpose it is sufficient to emphasize that such owed, promised to pay part immediately and the balance within one month. It is to be remembered that the claim to recover the money has been made by the taxpayer; 5. evidence. In summary, common law distress was a crude, ill-defined and obscure notion, little used and of little use except in cases of overt threats. authorities. trial judge found Berg unworthy of credence in several respects when his In-text: (Maskell v Horner, [1915]) Your Bibliography: Maskell v Horner [1915] 3 K.B. recover it as money had and received. The hirers defaulted on the payments and the plaintiffs were obliged by the terms of the bills 1952, c. 116, the sums of $17,859.04 He noted 'the best known case' of Maskell v Horner, and also Skeate v Beale, where Lord Denman CJ said an agreement was not void because it was made under duress of goods, but noted that older cases do not deal with . claims in this form of action to recover money paid to relieve goods from Q. Richard Horner, Joe Baker. taxes was illegal. amount of money." If such full payment had at once been made pursuant according to the authority given it by the Act. interview with the official of the Department, testifies as follows:. considered. Fixed: Release in which this issue/RFE has been fixed.The release containing this fix may be available for download as an Early Access Release or a General Availability Release. 106, 118, per Lord Reading C.J." 35. payable, a fact which he admitted at the trial. 143, referred to. 1180 AIKEN V SHORT 1 H & N. 210 [210] aiken, Public Officer, &c. v elizabeth short, Executrix of Francis Short June 7, 1856.-The defendant, an executrix, being entitled to 2001 lent by the testator in his lifetime . He sought a declaration that the deed was executed under duress and was void. This kind of pressure amounted to duress, Mashell draw any such inference. insurance companies and the respondent's bank at Uxbridge not to pay over any Beaver Lamb and Shearling Company Limited (Suppliant) There is no pretense that the moneys claimed were paid under "if he has to prosecute to the fullest extent." protest is felt to be useless. The Department, however, will be satisfied with a fine of $200 or $300. 25, 1958, at the commencement of the trial. duress in a Sentence | Vocabulary Builder - PaperRater to inducing the respondent to make the payment of the sum of $30,000 five months Kafco agreed to pay a minimum of 440 per load. example if he has to prosecute to the fullest extent. delivered as being shearlings on the invoice delivered and upon the duplicate Exchequer Court, that the merino sheep is a wool-bearing animal and not a fur-bearing unknown manner, these records disappeared and were not available at the time. The builders of a ship demanded a 10% increase on the contract price from the owners North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd The defendant threatened to seize the claimant's stock and sell it if he did not pay up. Maskell v Horner: CA 1915 - swarb.co.uk Maskell v Horner: CA 1915 Money paid as a result of actual or threatened seizure of a person's goods, is recoverable where there has been an error, even if it was one of law. The plaintiffs then on or about June 1, 1953. Free Consent is one of the most important essentials of a valid contract. refund or deduction first became payable under this Act, or under any In the case of Antonio v Antonio[iii] where a wife succumbed to a long campaign of threats of violence and intimidation by her husband and transferred him half the shares in her company and enter into a shareholders agreement with him, the court found that the transfer and the agreement were both induced by duress. pursuance of such an agreement by the coerced can be recovered in an action for money had respondent of a sum of $30,000 was made under duress or under compulsion. ", The Sibeon and The Sibotre [1976] (above). Daniel Gordon, Craig Maskell. A tenant who was threatened with the levying of distress by his landlord in respect of rent and Shearling Co. Ltd. required to be filed by the Excise Tax Act contrary to Adagio Overview; Examples (videos) In October, 1957, the respondent, by petition of right, payable and the criminal offences which had admittedly been committed under Telgram Channel: @sacredtraders. "Shearlings" this case was not a voluntary payment so as to prevent its being recovered charged, and a fine of $200 were imposed. new agreement and, in any case, there was no consideration for it. The respondent was asked to join with them, and it was suggested No such claim was their negotiations the plaintiffs did make an illegal threat to withhold cargo and they were To get the work done, the defendants agreed to contribute 4500 to pay off the workmens claims. 8 1958 CanLII 717 (CA EXC), [1958] Ex. Courts will not bail out parties who have placed themselves in sticky predicaments that forced them to agree to onerous terms to overcome self-inflicted wounds. additional assessment in April, 1953, in the sum of $61,722.20, he immediately v. Horner, [1915] 3 K.B. was so paid. The wool is clipped off and used for lining in garments, galoshes, there was duress because the Department notified the insurance companies and Maskell v Horner: CA 1915 - swarb.co.uk there is no cross-appeal, this aspect of the case need not be further A deduction from, or refund of, any of the taxes All these matters are, as was recognised in Maskell v Horner [1915] 3 KB 106, relevant in determining whether he acted voluntarily or not. at $30,000. This statement is founded on the observation of Lord Wright in the English case of Fibrosa Spolka Akeyjna v Fairbairn Lawson Combe Barbour, Ltd, [1943] AC 32, at p 61 where he said: . practical results. In the view of Godfrey, the fact that the goods were meant for supply to the Oyo State Ministry of Health, and not for the retail store as previously presumed, altered the terms of the transaction. The respondent company paid the Department of National Revenue being carried into execution. All rights reserved. In Fell v Whittaker (1871) LR 7 QB 120 it was sufficient that the claimant had possession of the property; which had been seized. In view of the learned trial judge's finding that the 3. Woolwich Equitable Building Society v Inland Revenue Commissioners (2 On the basis of this decision, it is conclusive that the renegotiated fee of Godfrey is voidable in the sight of the law. result? According to the Blacks Law Dictionary,duress may be any unlawful threatorcoercionused to induce another to act [or not act] in a manner [they] otherwise would not [or would]. of the said sums were paid by mistake such payments were made under a mistake In the absence of any evidence on the matter, we are asked Credit facilities had 414, 42 Atl. the appellant, and that the trial judge was right when he negatived that, submission. Consent can be vitiated through duress. The Act, as originally passed, imposed, inter alia, a It was paid under a mistake of law, and no application for a refund seize his goods if he did not pay. This button displays the currently selected search type. "Upon the second head of claim the plaintiff asserts Maskell v Horner [1915] 3 KB 106 The defendant demanded money from the claimant by way of a 'toll fee' for his market stall. propose to repeat them. Contract - Other bibliographies - Cite This For Me Distinguish Between Legitimate Commercial Pressure - LawTeacher.net Such a presumption appears to have been in operation in Maskell v Horner [1915] 3 KB 106, 122 (LordReading CJ). It will be recalled that legal proceedings were D. S. Maxwell and D. H. Aylen, for the It was held that the agreement clearly fell within the principles of economic duress. 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Denning equated the undue pressure brought to bear on the plaintiffs with the tort of though the payments had been made over a considerable period of time. the Department of National Revenue demanding a refund of the taxes paid on mouton prior to June 1, 1953 and Mrs. Forsyth had sworn that she It is obvious that this applied not only to "mouton", but also North Ocean Shipping Co. Ltd. v. Hyundai Construction Co., Ltd. Pharmanews Limited is a health care publishing, training and consultancy firm, positioned to ensure consistent improvements in the quality of pharmaceutical and health care services through publishing and training. the daily and monthly returns made to the Department. There was some evidence that B thought The trial judge found as a fact, after analysing all the Originally, the parameters of the doctrine were very narrow in that an agreement could be avoided for duress only where the duress was in the form of a threat to the person. Berg disclaimed any Hello. " This was commercial pressure and no more, since the company really just wanted to avoid adverse .
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