The Law of Duress and Necessity

Nathan Tamblyn is Senior Lecturer at the University of Exeter Law School.

PROLOGUE



Comparative law



Methodology



CHAPTER 1 – TORT: INTIMIDATION AND DURESS BY THREATS



1.1 Intimidation: English case law



1.2 New Zealand case law



1.3 Australian case law



1.4 Canadian case law



1.5 Hong Kong case law



1.6 Intimidation and three-party cases



1.7 The rationale for a tort of intimidation



1.8 Unlawful acts



1.9 Threatened breach of contract



1.10 Threats of lawful action



1.11 Defence of justification



1.12 Duress by threats as a tortious defence



1.13 Conclusions



CHAPTER 2 – CONTRACT: NECESSITY AND UNCONSCIONABLE BARGAIN



2.1 English case law



2.2 Australian case law



2.3 New Zealand case law



2.4 Hong Kong case law



2.5 Canadian case law



2.6 The rationale for unconscionable bargain



2.7 The boundaries of unconscionable bargain



2.8 Conclusions



CHAPTER 3 – CONTRACT: DURESS



3.1 The test for contractual duress



3.2 Threats to breach contract



3.3 Lawful act duress



3.4 Threats of prosecution and litigation



3.5 Causation, and burden of proof



3.6 Australian case law



3.7 New Zealand case law



3.8 Hong Kong case law



3.9 Canadian case law



3.10 The rationale for contractual duress



3.11 The relationship with undue influence



3.12 Conclusions



CHAPTER 4 – TORT AND CRIME: NECESSITY



4.1 Private necessity in tort



4.2 Private necessity in American tort law



4.3 Public necessity in tort



4.4 The rationale for tortious necessity



4.5 Best interests intervention in crime and tort



4.6 Lesser evil necessity in crime and tort



4.7 Conclusions



CHAPTER 5 – CRIMINAL LAW: DURESS



5.1 Types of threat



5.2 Pain and internal causes



5.3 Threats to whom?



5.4 Perception and response