Amanda Knox free essay sample

The murder of Meredith Kercher occurred on November 1, 2007 in Perugia, Italy. She was sexually assaulted and stabbed multiple times. She shared an apartment with three other females, Amanda Knox, Flomena Romanelli, and Laura Mezztti. Amanda Knox was declared a suspect of this murder, along with her boyfriend, Raffaele Sollecito, and Rudy Guede, who knew Kercher after becoming close with the men who lived in the apartment below Kercher and Knox. There is neither enough evidence to declare Knox guilty, or innocent, but there are many reasons Knox should be put in prison for murder and sexual assault. In order to save her own innocence, Knox had falsely accused Lumumba, a bar owner, of being the killer. This was a sign of Knox’s own guilt in an attempt to focus the attention elsewhere. A businessman heard about the accusation and came forward to set Lumumba free as he had been talking to him in his bar during the murder, offering him a solid alibi. We will write a custom essay sample on Amanda Knox or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Another reason for suspicion toward the couple is that Sollecito had told the police they downloaded movies to watch during the night. Experts investigated and proved there was no activity between 9. 10pm on November 1, and 5. 32 am the next morning; the time in which the murder was said to take place, adding further suspicions towards Knox and Sollecito. Another factor adding major suspicion toward the couple was the staged break in from one of the roommate’s bedroom. The bedroom was searched through, and the window smashed with a rock. Broken pieces of glass were found on top of a pile of clothes thrown on the floor, offering evidence that the window was smashed after the room was searched through. The couple was accused of staging the break in to make the killing look like a burglary that had evolved into rape and murder. The false accusation, computer records, and the staged break in are all reasons that prove Amanda Knox to be guilty and put in prison for the murder of her roommate, Meredith Kercher.

An Overview of MHRA Referencing

An Overview of MHRA Referencing An Overview of MHRA Referencing If you’re studying in the humanities, you may be asked to use MHRA referencing at some point. But what exactly is the MHRA system? And how does it work? Let us explain. What Is MHRA Referencing? The Modern Humanities Research Association is a UK-based organization that promotes study of the humanities, particularly literature and languages. It is best known for producing the MHRA Style Guide: A Handbook for Authors, Editors, and Writers of Theses. MHRA referencing, meanwhile, is the citation system set out within this guide. You can download [PDF] the third edition of the MHRA Style Guide for free if you want a full explanation. But since it is quite a big book, we’ll summarize the important points here. Citing Sources When people refer to MHRA referencing, they usually mean the footnote and bibliography version. This is where sources are cited in footnotes, indicated with superscript numbers in the text: These numbers usually appear at the end of a sentence, like this.1 The first time you cite a source, include full publication information. For a book, for instance, this means giving the following details: n. Author Name(s), Title (Place of Publication: Publisher, Year), page number(s). Repeat citations of the same source can then be shortened to save space. The MHRA style guide recommends using the â€Å"shortest intelligible form† for this, usually just the author’s surname and a pinpoint citation. Make sure to check whether your university has other rules, though. There is also an author–date version of MHRA referencing, but this is much less common. The Bibliography In MHRA referencing, you should list all cited sources in a bibliography at the end of your document. However, for a bibliography entry you should: Invert the first listed author’s surname and forename. Leave out pinpoint citations and final punctuation. You would format a book like this, for example: Surname, First Name, Title (Place of Publication: Publisher, Year) More generally, you should set out the bibliography as follows: List sources alphabetically by author surname. List anonymous works by title (ignoring articles for alphabetical order). If citing more than one work by the same author, sort them by title. You would then use two em dashes in place of the author’s name(s) for each entry after the first. Use italics for titles of longer works (e.g., books). Use inverted commas for shorter works (e.g., journal articles). You can abbreviate the titles of frequently cited journals. However, you must also give the full titles in a list of abbreviations earlier in your work. If you follow these rules, making sure everything is consistent, you should end up with a perfectly formatted MHRA bibliography. But if you want to be extra sure everything is in order, don’t forget to have your work checked by one of Proofed’s expert proofreaders.

Individual essay Example | Topics and Well Written Essays - 750 words - 1

Individual - Essay Example In this argument, I will use the example of Aboriginal children taken away from their â€Å"country† and how it impacted them as individuals and their culture. I will also argue that free will in choosing one’s cultural identity is under the influence of many factors. One’s cultural identity raises some interesting sets concerning the choice, for instance, how one defines his/her cultural identity and whether these definitions are imposed or chosen. Stuart hall discusses colonial experience and its traumatic nature by suggesting that expropriation of culture deforms and cripples that races that have been colonized are subjected to domination and will that is imposed through subjective conformation and compulsion to the norm (Hall 218). These people are projected unfairly as â€Å"others†, which means that cultural identity is a positioning rather than essence. Hundreds of children of Aboriginal were uprooted from their families in Australia and brought up away from their natural environment. They then became what were referred to as a stolen generation. One member of this generation who was adopted at 13 into a non-indigenous family and claims that he went through a crisis of identity. His identity was whom he was and where he was f rom, claiming that he and his Aboriginal wife were attempting to break a cycle of shattered families (Hall 220). He contended that they would make sure they stuck together and raise their children know their heritage. The other Aborigines were products of imposed interracial marriage whose children spent their lives attempting to fit since they were not white or black enough (Hall 222). This highlights the uniqueness of the situation that multi or bi-cultural live in. This situation does not make it any less valid than an identity that is fixed. Another example is the Australian cultural studies teacher and author Ien Ang who was born to a Chinese family in Indonesia and studied in Holland

Providing The Care For The Elderly Persons Assignment

Providing The Care For The Elderly Persons - Assignment Example In most of the developing and underdeveloped countries, the elderly take care of themselves. The old are not given affordable rights to health care, food, clothing, shelter, and others. They are left alone to survive through their relatives who sometimes are also not able to care for them in the proper way possible. They are not assigned to any nurses or someone to help them take care of themselves. Therefore, they are left to suffer and do things on their own. In such case, I think these Governments should have homes for the elderly. Here, they should be provided with people who can take care of them on a daily basis. They also need to be provided with food, clothing, healthcare support and any other basic need they would require. They are a part of the community, and in any case, they are responsible for the current status of our countries. All workers in the United States should have the right to paid medical leave when their medical condition was contributed to by work conditions. The workers need to be paid their salaries in full as they undergo treatment, for the first six months of treatment. If they don't recover before the first six months, they need to receive their wages in full. Any time after six months if they have not recovered, they need to be paid half of their total salary by their employers. This should be done until such time that they will recover and get back to work. In case they don't recover, they will remain to receive their pay up to such time that they were supposed to retire. In the case of a permanent disability or death, they should be given their two-year pay. However, this doesn't happen universally. Some reasons are that some employees are only on contracts that are not enforceable. Some countries also do not recognize such rights and have their workers bill of rights.

Investment Risk Management Research Paper Example | Topics and Well Written Essays - 1750 words

Investment Risk Management - Research Paper Example These include the following: an assessment of the factors that contributed to the financial failure of the firm, a discussion and representation of mortgage backed securities and the risks associated with leveraging them to a particularly high degree, in evaluation of management’s role with respect to the collapse of Lehman Brothers, a discussion of the recent debt crisis within the Euro zone and the relevance that Lehman Brothers example provides for this particular scenario, and final evaluation of the role of federal government and seeking to regulate ultimately decrease the incidence of such collapses in the future. Naturally, each of the aforementioned sections will corresponds to a section that provides recommendations and potential solutions that could have otherwise ameliorated the factors involved (Kershaw & Moorhead, 2013). It is the ultimate hope of this particular author that such a level of discussion and analysis will be beneficial to the reader in seeking to gai n a further level of understanding concerning the case of Lehman Brothers and the corresponding importance that this has with respect to other firms in the current market. Firstly, as a function of assessing the factors that contributed to the financial failure of the firm, these are ultimately contingent upon the high exposure of certain types of investments that Lehman Brothers engaged with. Essentially, mortgage backed securities (MBS) were a mainstay of the financial backbone that Lehman Brothers relied upon as a function of funding its continuing operations and providing investment security to its clients (Steele, 2014). However, as a direct result of the fact that these mortgage-backed securities were inherently unstable and essentially directly linked to the solidity of the mortgage market, this represented a lack of diversification and placed investors in an extreme risk of losing sizable parts of

Effective leadership impact on organization success

Effective leadership impact on organization success A leader is anyone who uses interpersonal skill to influence others to accomplish specific goal. The functions of a leader are to achieve a consensus within the group about its goal, maintain a structure that facilitates accomplishing the goal, supply necessary information that helps to provide direction and clarification, and maintain group satisfaction, cohesion, and performance (Sullivan Decker, 2010).Leadership is viewed as the process of guiding, teaching motivating and directing the activities of others towards attaining goals. It involves having the ability to influence others (EllisHartley, 2005). The Leadership is the relationship between those who aspire to lead and those who choose to follow. Innovative leadership is needed in academic institution as the pressure to deliver high quality care. Yet, nursing academic leaders are often chosen for leadership position based solely on their performance in academic endeavours (Chen, Beck Amose, 2005). During times of dramatic organizational changes in health systems, nursing management is both challenging and difficult task. The style of the manager can be important for subordinates acceptance of change and in motivating them to achieve high quality of care. Leadership style in the sense of a managers way of influencing the subordinates and researches on leadership style is mostly based on a theory that there are specific behaviours, which together develop leadership style. New leadership behaviour has developed, more focused on change within the company (Sellgren, EkvallTomson, 2006).The purpose of this study is to describe different leadership style and examine effective leader and discuss how a leader can develop effective leadership style and you should focus on how effective leadership impacts an organizations potential to succeed. Article for this paper collected from ebcohost research database, google scholar and from the books of leadership and management. Different styles of leadership A transformational leader may be defined as a leader who motivates followers to perform their full potential by influencing changes in the perceptions and providing in the sense of direction to the group. The group is encouraged to set aside personal interests for the good of the group. Group members are empowered and motivated and provide input to decision making and leaders and followers raise one another to higher level of performance (EllisHartley2005).Relational leadership is viewed as s relational process designed to accomplish a common goal to benefit all. As with transformational leadership the leader is empowering and process oriented moving the group towards the goal (EllisHartley,2005).Servant leadership theory in which the successful leaders as being able to influence others as a result of dedicating their life to serving others(EllisHarley,2005). Transactional leadership is based on social exchange theory. In this style leaders are successful to the extent that they understand and meet the needs of followers and use incentives to enhance employees loyalty and performance. This style is aimed at maintaining equilibrium, by performing work according to the policy and procedures, maximising self interest and personal rewards, emphasising interpersonal dependence and routine performance (Sullivan Decker, 2010).Quantum leadership is based on concept of chaos theory. In this frame work, employees become directly involved in decision making as equitable and accountable partners and managers assume more off an influential facilitative role rather than one of control(Sullivan Decker, 2010). Charismatic leadership is based on personal qualities such as charm, persuasiveness, personal power, self confidence extraordinary ideas, and strong conviction. Few leaders possess genuine charisma. (Sullivan Decker, 2010). Shared leadership which is based on the empowerment principles of participative and transformational leadership Essential elements of shared leadership are relationship dialogues, partnership and understanding boundaries. The application of shared leadership assumes that well educated, highly professional, dedicated work force is comprised of many leaders (Sullivan Decker, 2010).According to behaviour based theories, there are four styles of leadership the first one the autocratic leadership assumes that the leader exercise ultimate power in decision making and control rewards and punishments for the subordinates in confirming to their decision. The second one the democratic leadership assumes that individuals are motivated by internal drives and impulses, want active participation in decisions and want to get the task done, the leaders uses participation and majority rule in setting goals and working towards achievement (Sullivan Decker, 2010). The laissez-faire leadership style also assumes that individual are motivated by internal drives and impulses and that may lead to left alone to make decision about how to complex the work, the leader provides no direction or fecilitation.The forth style is the bureaucratic leadership style. The bureaucrat leadership assumes that employees are motivated by external forces. This leader trusts neither followers nor self to make decision and therefore relies on organizational policies and rules to identify goals and direct work process (Sullivan Decker, 2010). How a leader can develop effective leadership style. Effective leaders are those who acknowledge the importance of task oriented and relationship oriented action and to seek to provide structure and support for subordinates (EllisHartley2005).In transactional leadership style followers agree about achieving the required goal and objectives in exchange for rewards or praise. Once goal is achieved rewards are provided. By contrast the transformational is visionary and charismatic resulting in motivated employees (Farag, McguinnesAnthoy, 2008).The transformational organizational culture usually characterised by flexibility and creativity with emphasis on questioning policies, strategies, and method used, to acquire more effective organizational performance strongly associated with climates that restrict creativity and innovation, and they are able to create synergetic environment that enhance collaboration towards change.(Hendel, Fish Galone,2005). One studies conducted among CEOs and subordinate managers by Spinelli, the subordinate manager perceived more the leader as exhibiting transformational behaviour, the grater he or she reported exerting extra effort, expressed satisfaction with leader and believed leader to be more effective. The relationship between transformational leadership and the outcome factors were stronger and more positive than the transaction style and lasses- faire. Contingent rewards correlated less positively with the outcomes, management by exception and laissez faire correlated negatively by outcome factors. The contingent reward process produce only anticipated level of effort and standard performance. A limitation of transaction leadership style is that it offers little encouragement to exceed and achieve performance beyond the transactional contract. (Spinelli, 2006).Some scholars describes the transactional leaders as one who subordinate and controls, while transformational leaders sets direction a nd create opportunities for the professional development of individual health care team members. But some argue that the transactional leader is often self centred, leading via directive and mandates, while more transformational leader in an inclusive motivator, proactively solving problem that promote team effectiveness (Brien,Martin,HeyworthMeyer,2008). Moreover in transaction leadership the one of the main criticism is the lacking of vision for future and endorsing only first order changes which implicate on policy and procedure rather than organizational or cultural change. On the other hand transformational leader motivate and energize staff to pursue mutual goals share vision and secure an empowering culture, where personal value and reciprocated respect are fundamental principles. However to achieve this level the nurse manager may constantly familiarise themselves with legislative and policy document that impact upon health care delivery to ensure that they assumes realistic and attainable goal (Murphy, 2005).Transformational leadership may be associated with .job satisfaction and well being appears, at least partially, to be through the creation of working environment characterised by employees working environment by employees experiencing their work as a meaningful, having influence and being involved in their work. (Nielsen , Yarker, Brenner, RandallBrog, 2008) A transformational leader is a courageous change agent who is skilled in managing situations of uncertainty. The effective transformational leader uses language to create within the individual follower a sense of competency and sense of self. When the leaders set forth high expectations followers are convinced that they are capable of accomplishing goal of moral and enduring purpose also through the effective communications that the followers are persuaded to make the differences to make an enduring change. The leader is crucial to this transformation but the essence of transformational leadership is that the followers do not become dependent on the leader, they instead become a leader. A more hierarchical, autocratic leadership style is not a trusted agent adequate for change. A group of followers disillusioned with unfair system of leadership is ripe for emergence of a transformational leader who will organise and empower them to move towards the necessary adaptation of autonomy (K amm-Larew, Stanford, Green, HeacoxHodge, 2008). Another study conducted about leadership style of Finnish nursing managers, democratic leadership style was found as important, because it promoted employees commitment to work. This style gives the impression that the managers really want to hear employees thoughts and works as a team member. But autocratic leadership style was typical in work place where people had to react quickly and effectively to changing situations. It resembled commanding leadership style which decreases the autonomy of nurses. An autocratic leadership style prevents empowerment of nurses, because they do not have possibilities to participate in work planning (Vesterinen, IsolaPaasivaara, 2009). Autocratic and task oriented leadership styles require absolute obedience from followers, with an expectation of worker efficiency in order to accomplish group goals (Chang, 2008). One study in UK regarding servant leadership principles, applied in the care of rural older adults utilizing a service leaning experience in the delivery of health and wellness, is a perfectly appropriate application of inter professional care. This study demonstrates the essential process of inter professional education by supporting the facilitated exchange of skills, knowledge and disposition between faculty and students, provider and client, theory and practice. Community based education which fosters a collaborative approach to care, improved communication, and valued expertise of team members benefits all, particularly a segment of population at elevated risk of disease and disability (Neil, Hayward, Peterson, 2007).But another research conducted about servant leadership among doctors and nurses, nurses have a more positive self -perception of themselves as servant leaders than physician (Garber, Madigan, ClickFitzpatrick, 2009). How effective leadership impacts an organizations potential to succeed Effective leadership is seen as a potent source of management developed and sustained competitive advantage for organizational performance improvement .For instance transactional leadership help organizations achieve their current objectives more efficiently by linking job performance to valued reward and by ensuring employees have the resource needed to get the job done. Visionary leaders create a strategic vision of some future state, communicate that vision through framing and use of a metaphor, model of vision by acting consistently, and build commitment towards the vision. Some scholars suggest that visionary leadership will result in high level of cohesion, commitment, trust, motivation, and hence performance in the new organizational environment. (Jing Avery, 2008). Transformational leader achieve organizational goal by empowering staff that are committed to the same organizational goal (Farag et al 2008). But organizational Bureaucracy, hierarchy, authoritarian leadership and poor access to information were to found limit empowerment and leader to dissatisfaction, burnout and absenteeism. (Tomey, 2009). It might be important that rather than changing implementing wide range of organizational changes for a large number of employees, many studies suggest that training the supervisor might have similar impact. Training staff at managerial level might be more cost effective and easy to control than implementing wide ranging organizational change. (Nielsen et al, 2008). Moreover transformational leadership style foster healthy staff focused work places and positive work place management initiative such as shared organizational goal, learning opportunities, career development, reward schemes, autonomy, participation and empowerment strategies but poor leadership and management styles ,impatient ,defensive ,unsupportive leadership lack of supervision and guidance, control, and lack of recognitions of contribution have been identified as major stressors.( Tomey,2009).According to a study conducted among dentist about exploring leadership style , autocratic decision making process were associated with increased organizational ambiguity and higher degree of functional identity . Not surprisingly, dentist given the highest leadership ratings engaged staff members in participative decision making process, affording them the opportunity to learn about possible change and to offer input. (Chilcutt, 2009). Transformational leaders rely on empathy to understand followers thoughts, feelings, and point of view. Leaders with empathetic qualities inspire greater depth of self -exploration in followers and the supportive interpersonal orientation increases followers positive perceptions about the leader, feelings, and job satisfaction. To bring about organizational change through higher performance, transformational leader must fully engage and connect with their followers. The key factors like evocations, framing, and mobilizations of emotions with a leader can change the organization through commitment. Emotional bonds are implicit in transformational leadership behaviours. Leader who responds empathetically to co-workers can improve organizational effectiveness. In addition transformational leaders change their organization by persuading followers to embrace positive vision and ideals. (Barbuto Burbach, 2006).However, in general the effect of leadership on organizational performance has not been well studied. Some researchers criticised leadership studies for focussing excessively on subordinate relationship to the exclusion of several other function that leaders perform, and to the exclusion of organizational and environmental variables that are crucial to mediate the leadership-performance relationship (Jing Avery, 2008). Conclusion. In conclusion leadership is viewed as the process of guiding, teaching motivating and directing the activities of others towards attaining goal. It involves having abilities to influence others. Leadership often involves moving in to a position because of special abilities skills or attributes and may be formal or informal within the organization. It can be seen that there are different leadership styles mostly based on theory that there are specific behaviours which together developed as leadership styles. Each style has specific aim and goals and it effectiveness varies according to the situation, characteristics of the leader and the followers in which they function. It is evidenced that from above literature each leadership style has advantages and disadvantages and may used productively according to the situation. Majority of the studies suggest that, when comparing different leadership style, transformational leadership is better than other styles because of clear vision, capac ity to empower the followers, empathy, autonomy, chances of career development and learning. Moreover leadership has crucial role in the success of the organizational potential and performance. Success can be achieved by training the staff at the managerial level may be cost effective and more beneficial rather than changing wide range of organizational change. Some researchers suggest that visionary leadership may help high level of performance in the new organizational environment. More researches and studies needed for the development of effective leadership style and its impact on organizational success.

How Act 2, Scene 1 of Romeo and Juliet May Have Been Staged Essay

Open in London in 1599, William Shakespeare’s Globe theatre grew to be recognized as the most popular playhouse in the region and home to some of the greatest players in England. The King’s Men, previously the Lord Chamberlain’s Men, were a playing company for whom Shakespeare was a member of for most of his career. They frequently performed in the Globe and staged many of Shakespeare’s works. Nevertheless, the lack of stagecraft information provided from these XVI century texts has made it hard to interpret how Shakespeare originally intended his plays to be performed in the Globe. In particular, the famous tragedy of Romeo and Juliet suggests that there are many alternative staging options for each scene. However, from a close reading of the play-text as a manual for performance, it is possible to describe how the play may have been staged, specifically in Act 2, Scene 1, by analysing elements such as the acting measures, the costume d esign and the stage setting. To commence, in the Elizabethan and Jacobean period, there were many important rules in regards to acting that players had to consider when performing in the Globe theatre. When Shakespeare wrote his plays, he included as many female characters as he did male characters. Nonetheless, the traditions and values of the Renaissance did not allow women to act or become actors, due to the fact that it was considered immoral for a woman to be on stage. At the time, they had no social status other than their association with their husbands or fathers. Moreover, actors were considered to have a low social status, thus it was considered improper and socially unacceptable for a woman to become a performer. Instead of editing all of Shakespeare’s texts to adher... ...e theatre’s unique structure. Works Cited Adams Novak, Elaine. Staging Shakespearean Theatre. Cincinnati: Betterway Books, 2000. Print. Hodges, C. Walters. The Globe Restored: A Study of the Elizabethan Theatre. London: Oxford University Press, 1968. Print. Leed, Drea. â€Å"Elizabethan Make-up.† Elizabethan Costuming Page. 2010. Web. 10 December 2013. Smith, Irwin. Shakespeare’s Globe Playhouse. New York: Charles Scribner’s Sons, 1956. Print. Staging Shakespeare. Seminars on Production Problems. New York: Garland Publishing Inc., 1990. Print. The Arden Shakespeare. Shakespeare’s Theatres and the Effects of Performance. London: Arden Shakespeare, 2013. Print. The Oxford Shakespeare. Romeo and Juliet. New York: Oxford University Press Inc., 2000. Print. The Signet Classic Shakespeare. Hamlet. New York: New American Library, 1998. Print.

Contract Law

Introduction In today’s economic climate businesses often exert commercial pressure during contract negotiation stages. This is a normal part of the process and parties to a contract generally know when pressure being exerted is lawful. Although there is a difference between commercial negotiation and illegitimate pressure, it is often difficult to distinguish between the two. Furthermore, because economic duress can arise from pressure that is not in itself unlawful, parties may be unaware that the pressure they are subjecting a party to a contract is actually economic duress. Despite this, if a court finds that one party to a contract has exerted illegitimate pressure on another party, the innocent party may be able to establish a claim of economic duress. Given how uncertain the economy is at present, hard bargaining is a common form of negotiation, though it is vital that businesses are aware of the risks when exerting pressure that is likely to be deemed illegitimate. It is unclear ho w this distinction can be made, nonetheless, which suggests that further clarity is needed within this area. This study intends to explain the developments that have taken place in the doctrine of economic duress and why the courts perceived a need for a more robust approach in light of the Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 case. Duress Duress is a common law defence that allows a contract to be set aside in instances where one party has been subjected to force or pressure from the other party to enter into the contract. Duress has been defined as â€Å"making someone do something against his will, or making someone perform an illegal act, by using threats, coercion or other illicit means† (Dictionary, 2014: 1). Duress is basically the use of unlawful means to force another to perform an act by either threatening them or performing an act of violence. The party claiming duress will be required to show that they did not have a choice but to enter into the contract (Cserne, 2009: 57). Economic duress, on the other hand, is a fairly new phenomenon that is becoming an important tool for determining whether a contract that has been entered into is enforceable or not. Economic duress happens when a person’s economic interests are damaged from being forced or coerced into entering into a contract. This type o f duress has been defined as the â€Å"unlawful use of economic pressure and/or threats intended to overcome the free will of a person, in order to force him or her to an involuntary agreement or to do something that he or she would not otherwise do† (Business Dictionary, 2014, 1). Economic duress is essentially a contract law defence that allows a person to dispute the formation of a binding contract by arguing that that they were forced to enter into the contract. Previously, parties to a contract could only rely on the doctrine of consideration for protection when they were being subjected to economic duress. Consideration is the price that one party will pay for another party’s promise (Card et al; 2003: 63); Collins v Godefroy (1831) 1 B&Ad 950. The doctrine of consideration does not allow parties in a contract to insist on further payments to perform tasks they are already required to perform under the contract simply because they are in a stronger bargaining pos ition; Stilk v Myrick (1809) 2 Camp 317. Economic Duress and Commercial Pressure It is now widely accepted by the courts that undue commercial pressure can amount to duress. The doctrine of economic duress has evolved significantly from various trade union decisions including; Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 and Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152. In The Universe Sentinel, a trade union, which had blacklisted a ship, forced the owner to provide payment before they would remove the ship from the black list. As there would have been disastrous consequences if the ship could not sail, the owner made the payment. Because the ship owner had no other practical choice but to make the payment, he later brought a successful claim for the recovery of the money by establishing economic duress. Similarly, in The Evia Luck a trade union insisted that a ship owner signed various contractual documents so that his ship could sail, which was fou nd by the court to be a form of economic duress. In order to make an economic duress claim, there are a number of elements the claimant will need to be established. These are; a) that the pressure was illegitimate; b) that the pressure was a significant cause that induced the claimant to enter into the contract; and c) that the practical effect of the pressures means that the claimant has no other choice but to enter into the contract (Ohrenstein, 2013: 2). The claimant will be entitled to avoid the contract and claim restitution of any monies that have been paid under it if these elements can be established. In deciding what amount to illegitimate pressure, the court will take a range of factors into account. For example, in DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 it was made clear that the court will be required to consider whether the breach of contract was an actual or threatened breach; whether the person whom exerts the pressure has acted in good or bad faith; whether the claimant had any real or practical alternative but to give in to the pressure; whether the claimant protested at the time; and whether the claimant sought to rely on the contract. One of the most successful forms of economic duress is a threat to breach a contract. In Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 charterers of two ships threatened to break their charterparties by refusing to pay the agreed charter rate if the rate was not lowered. The owners of the ships had been informed that the charterers had no substantial assets and that the charterers would otherwise go into liquidation if the charter rates were not lowered. This information was not actually true but it caused the owners to reduce the rates nevertheless. It was found that economic duress could apply to this situation as all of the relevant factors were present. Since this decision, the courts seem to have accepted that economic duress is coercive and therefore worthy of the same relief as duress to the person or property (Chen-Wishart, 2012: 316). In spite of this, the practical application of economic duress has been subject to much confusion and it has been questioned when, if ever, renegotiations should be enforced. It would seem, under the doctrine of consideration, that renegotiations can never be enforced on the basis that â€Å"no additional consideration supports the promise to pay more or accept less† (Chen-Wishart, 2012: 316). Under the promissory estoppel doctrine, the promise to pay the same for less can be enforced in limited circumstances, though this does not apply if illegitimate pressure has been exerted. Therefore, if it can be demonstrated that illegitimate pressure has been applied to the renegotiation of a contract, that contract will not be enforceable. Because commercial contracts are extremely competitive, it is likely to be the case that some form of pressure will always be applied. Though the question to be determined is whether the pressure that has been applied is legitimate or not. This is l ikely to be extremely problematic and thus cause a great deal of complexity for the courts. As exemplified in the cases above, threats to blacklist a ship and refuse its release may constitute duress. Further examples of where economic duress has occurred can be seen in the cases of North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 and Pao On v Lau Yiu Long [1979] UKPC 17 where threats to terminate a contract in the absence of a renegotiation is also illegitimate unless it can be legally justified. What will be deemed â€Å"legally justified† is largely a matter to be determined based upon individual facts and circumstances, though there is likely to remain a lot of confliction in this area. In Williams v Roffey Brothers Ltd [1991] EWCA Civ 5 the Stilk case was severely limited by the courts. Here, the consideration requirement was extended to include â€Å"practical benefits† and thereby covered the promise to perform an existing contract. Here, a number of contractors promised to refurbish 27 flats with a sub-contractor performing the carpentry. Before the flats were finished, the sub-contractor realised that he had under-priced the contract and was resultantly facing financial difficulty. The main contractors offered the sub-contractor a financial inducement to finish the contract on time. It is trite law that consideration is needed for a party to that contract to be able to sue on it. Since the sub-contractor was doing no more than he was already bound to do under the contract, consideration was lacking. Surprisingly, it was held by the court that because the contractors had received a benefit from the sub-contractor, in that they avoided the penalty clause of the main contract, the sub-contractors claim was successful. This did not mean that consideration was present as the benefit did not move from the promisee, although there was a clear departure from the orthodox principle of consideration principle. The doctr ine of consideration maintains that a contract will not be supported by the performance of an existing duty unless that duty exists by virtue of a third party contract (Noble, 1991: 141). This decision conflicts with the decision in Stilk which demonstrated that consideration needs to be of economic value to be deemed good consideration and that it needs to move from the promise as also shown in; White v Bluett (1853) 23 LJ Ex 36; Thomas v Thomas (1842) 2 QB 851; Shadwell v Shadwell (1860) 9 CBNS 159; and Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295). It has also been argued by Cheshire et al; that; â€Å"the time has come to recognise formally the alternative definition of consideration and admit that the rationale behind the refusal to enforce some types of consideration is pure policy† (Cheshire et al; 2012; 77). Arguably, it appears that the consideration principle is rather outmoded and in need of reform so that a more robust approach to economic duress can be taken by the courts. At present, much confusion arises as to when economic duress can be used as a defence. Judges thus need to err on the side of caution to prevent commercial pressure being mistaken for economic duress and vice versa. Still, as stressed by the court in Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481; â€Å"the list of matters to be considered in assessing legitimacy is not exhaustive, and the weight to be attached to each of them will depend on the facts of the individual case.† Furthermore, it was also stated in the case that the decision to be made will involve some element of value judgement when considering whether the pressure that was exerted on the claimant crossed the line from that which must be accepted in normal robust commercial bargaining. It is clear from the decision in this case that the courts have made some attempts to provide clarity in this area and that each case will be decided on its own facts. In the more recent case of Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 it was evidenced that a contract variation between a supplier and a customer will unlikely amount to duress if the supplier is unable to perform a contract as a result of financial difficulties that will cause the supplier to become insolvent. Another problem that arises when it comes to economic duress is whether lawful conduct can amount to illegitimate pressure. Whilst it is possible, it is also extremely rare as shown in CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19; GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) and Wright v HSBC Bank plc [2006] EWHC 930 QB. Consequently, economic duress will continue to pose many problems as there will always be a debate as to whether particular circumstances may or may not give rise to a claim for economic duress. Because of the uncertainty within this area, it is evident that a more robust approach needs to be taken so that greater clarity and consistency can be provided. Economic duress has also been criticised for being causation-led, thereby meaning that a lack of causation will prevent a successful claim from being made. In Pao On v Lau Yiu Long [1979] UKPC 2 it was pointed out by Lord Scarman that in deciding whether causation was present, it will need to be considered whether the claimant; a) protested; b) had a practical alternative open to him; c) received independent advice; and d) acted promptly. This decision has been criticised for being inconclusive and failing to take into account the fact that claimants may not think that there is any point in protesting. This was recognised by Chen-Wis hart when it was argued that; â€Å"these factors are inconclusive. The victim may not protest because he sees no point in it or he may not wish to antagonise the coercing party whose performance he needs† (Chen-Wishart, 2012: 318). It is clear that the facts and circumstances of each case will be the determining factor as to whether the claimant has suffered economic duress or not. Because of the uncertainty that exists in this area, however, it is often difficult for those entering into commercial contracts to acknowledge that they are exerting pressure that is considered illegitimate, especially when there is a possibility that lawful pressure will also be capable of amounting to economic duress. As a result of this, Young warns against exerting commercial pressure that the courts may possibly consider economic duress: â€Å"Abusing your upper hand can leave the strong open to claims† (Young, 2012: 23). Conclusion Overall, whilst the doctrine of duress is well established in English law, the doctrine of economic duress still remains largely uncertain. This generally arises from the difficulty of distinguishing between legitimate and illegitimate economic duress. As such, it is up to the courts to decide when a person’s economic interests have been damaged from being forced or coerced into entering into a contract. Hence, the court will be required to consider whether the re-negotiation of the terms of the contract were lawful and whether the person being subjected to the economic duress, should be entitled to rescind the contract that they entered into. This is an important defence in ensuring that parties to a contract have equal bargaining power. Nevertheless, the practical application of economic duress has been subject to much confusion over the years, which may result from the reasoning that has been provided by the courts. There appears to be a lack of consistency that is being pr ovided, which highlights the need for future reform to this area. Whilst there is a difference between commercial negotiation and illegitimate pressure, it has proven extremely difficult to distinguish between the two, especially since lawful conduct can also amount to illegitimate pressure. In order to provide clarity to this area, it seems as though a more robust approach is therefore needed by the courts. References Business Dictionary. (2014) Economic Duress, [Online] Available: http://www.businessdictionary.com/definition/economic-duress.html [07 July 2014]. Card, R. Murdoch, J. and Murdoch, S. (2003) Estate Management Law, OUP, 6th Edition. Carr, N. (2011) Walking the Line – The Balance Between Legitimate Negotiation and Economic Duress, Available [Online]: [07 July 2014]. Chen-Wishart, M. (2012) Contract Law, Oxford University Press. Cserne, P. (2009) Duress in Contracts: An Economic Analysis, Contract Law and Economics, Volume 6, 2nd Edition. Furmston, M. P. Cheshire, G C. and Fifoot, C H. (2012) Cheshire, Fifoot and Furmston’s Law of Contract, Oxford University Press: London. Dictionary. (2014) Duress, [Online], Available: http://www.yourdictionary.com/duress [07 July 2014]. Noble, M. (1991) For Your Consideration, New Law Journal, Volume 141, Issue 1529. Ohrenstein, D. (2013) Key Developments in Contract Law: Economic Duress, Radcliffe Chambers, [Online] Available: http://www.radcliffechambers.com/media/Misc_Articles/Key_Developments_in_Contract_Law_-_Economic_Duress_2013.pdf [07 July 2014]. Young, A. (2012) When Pressure Turns to Duress, Construction Law Journal, Volume 23, Issue 5. Cases Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481 Collins v Godefroy (1831) 1 B&Ad 950 CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19 Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152 DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 Pao On v Lau Yiu Long [1979] UKPC 17 Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295) Shadwell v Shadwell (1860) 9 CBNS 159 Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 Stilk v Myrick (1809) 2 Camp 317 Thomas v Thomas (1842) 2 QB 851 Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 White v Bluett (1853) 23 LJ Ex 36 Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 Wright v HSBC Bank plc [2006] EWHC 930 QB Contract Law Introduction In today’s economic climate businesses often exert commercial pressure during contract negotiation stages. This is a normal part of the process and parties to a contract generally know when pressure being exerted is lawful. Although there is a difference between commercial negotiation and illegitimate pressure, it is often difficult to distinguish between the two. Furthermore, because economic duress can arise from pressure that is not in itself unlawful, parties may be unaware that the pressure they are subjecting a party to a contract is actually economic duress. Despite this, if a court finds that one party to a contract has exerted illegitimate pressure on another party, the innocent party may be able to establish a claim of economic duress. Given how uncertain the economy is at present, hard bargaining is a common form of negotiation, though it is vital that businesses are aware of the risks when exerting pressure that is likely to be deemed illegitimate. It is unclear ho w this distinction can be made, nonetheless, which suggests that further clarity is needed within this area. This study intends to explain the developments that have taken place in the doctrine of economic duress and why the courts perceived a need for a more robust approach in light of the Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 case. Duress Duress is a common law defence that allows a contract to be set aside in instances where one party has been subjected to force or pressure from the other party to enter into the contract. Duress has been defined as â€Å"making someone do something against his will, or making someone perform an illegal act, by using threats, coercion or other illicit means† (Dictionary, 2014: 1). Duress is basically the use of unlawful means to force another to perform an act by either threatening them or performing an act of violence. The party claiming duress will be required to show that they did not have a choice but to enter into the contract (Cserne, 2009: 57). Economic duress, on the other hand, is a fairly new phenomenon that is becoming an important tool for determining whether a contract that has been entered into is enforceable or not. Economic duress happens when a person’s economic interests are damaged from being forced or coerced into entering into a contract. This type o f duress has been defined as the â€Å"unlawful use of economic pressure and/or threats intended to overcome the free will of a person, in order to force him or her to an involuntary agreement or to do something that he or she would not otherwise do† (Business Dictionary, 2014, 1). Economic duress is essentially a contract law defence that allows a person to dispute the formation of a binding contract by arguing that that they were forced to enter into the contract. Previously, parties to a contract could only rely on the doctrine of consideration for protection when they were being subjected to economic duress. Consideration is the price that one party will pay for another party’s promise (Card et al; 2003: 63); Collins v Godefroy (1831) 1 B&Ad 950. The doctrine of consideration does not allow parties in a contract to insist on further payments to perform tasks they are already required to perform under the contract simply because they are in a stronger bargaining pos ition; Stilk v Myrick (1809) 2 Camp 317. Economic Duress and Commercial Pressure It is now widely accepted by the courts that undue commercial pressure can amount to duress. The doctrine of economic duress has evolved significantly from various trade union decisions including; Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 and Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152. In The Universe Sentinel, a trade union, which had blacklisted a ship, forced the owner to provide payment before they would remove the ship from the black list. As there would have been disastrous consequences if the ship could not sail, the owner made the payment. Because the ship owner had no other practical choice but to make the payment, he later brought a successful claim for the recovery of the money by establishing economic duress. Similarly, in The Evia Luck a trade union insisted that a ship owner signed various contractual documents so that his ship could sail, which was fou nd by the court to be a form of economic duress. In order to make an economic duress claim, there are a number of elements the claimant will need to be established. These are; a) that the pressure was illegitimate; b) that the pressure was a significant cause that induced the claimant to enter into the contract; and c) that the practical effect of the pressures means that the claimant has no other choice but to enter into the contract (Ohrenstein, 2013: 2). The claimant will be entitled to avoid the contract and claim restitution of any monies that have been paid under it if these elements can be established. In deciding what amount to illegitimate pressure, the court will take a range of factors into account. For example, in DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 it was made clear that the court will be required to consider whether the breach of contract was an actual or threatened breach; whether the person whom exerts the pressure has acted in good or bad faith; whether the claimant had any real or practical alternative but to give in to the pressure; whether the claimant protested at the time; and whether the claimant sought to rely on the contract. One of the most successful forms of economic duress is a threat to breach a contract. In Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 charterers of two ships threatened to break their charterparties by refusing to pay the agreed charter rate if the rate was not lowered. The owners of the ships had been informed that the charterers had no substantial assets and that the charterers would otherwise go into liquidation if the charter rates were not lowered. This information was not actually true but it caused the owners to reduce the rates nevertheless. It was found that economic duress could apply to this situation as all of the relevant factors were present. Since this decision, the courts seem to have accepted that economic duress is coercive and therefore worthy of the same relief as duress to the person or property (Chen-Wishart, 2012: 316). In spite of this, the practical application of economic duress has been subject to much confusion and it has been questioned when, if ever, renegotiations should be enforced. It would seem, under the doctrine of consideration, that renegotiations can never be enforced on the basis that â€Å"no additional consideration supports the promise to pay more or accept less† (Chen-Wishart, 2012: 316). Under the promissory estoppel doctrine, the promise to pay the same for less can be enforced in limited circumstances, though this does not apply if illegitimate pressure has been exerted. Therefore, if it can be demonstrated that illegitimate pressure has been applied to the renegotiation of a contract, that contract will not be enforceable. Because commercial contracts are extremely competitive, it is likely to be the case that some form of pressure will always be applied. Though the question to be determined is whether the pressure that has been applied is legitimate or not. This is l ikely to be extremely problematic and thus cause a great deal of complexity for the courts. As exemplified in the cases above, threats to blacklist a ship and refuse its release may constitute duress. Further examples of where economic duress has occurred can be seen in the cases of North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 and Pao On v Lau Yiu Long [1979] UKPC 17 where threats to terminate a contract in the absence of a renegotiation is also illegitimate unless it can be legally justified. What will be deemed â€Å"legally justified† is largely a matter to be determined based upon individual facts and circumstances, though there is likely to remain a lot of confliction in this area. In Williams v Roffey Brothers Ltd [1991] EWCA Civ 5 the Stilk case was severely limited by the courts. Here, the consideration requirement was extended to include â€Å"practical benefits† and thereby covered the promise to perform an existing contract. Here, a number of contractors promised to refurbish 27 flats with a sub-contractor performing the carpentry. Before the flats were finished, the sub-contractor realised that he had under-priced the contract and was resultantly facing financial difficulty. The main contractors offered the sub-contractor a financial inducement to finish the contract on time. It is trite law that consideration is needed for a party to that contract to be able to sue on it. Since the sub-contractor was doing no more than he was already bound to do under the contract, consideration was lacking. Surprisingly, it was held by the court that because the contractors had received a benefit from the sub-contractor, in that they avoided the penalty clause of the main contract, the sub-contractors claim was successful. This did not mean that consideration was present as the benefit did not move from the promisee, although there was a clear departure from the orthodox principle of consideration principle. The doctr ine of consideration maintains that a contract will not be supported by the performance of an existing duty unless that duty exists by virtue of a third party contract (Noble, 1991: 141). This decision conflicts with the decision in Stilk which demonstrated that consideration needs to be of economic value to be deemed good consideration and that it needs to move from the promise as also shown in; White v Bluett (1853) 23 LJ Ex 36; Thomas v Thomas (1842) 2 QB 851; Shadwell v Shadwell (1860) 9 CBNS 159; and Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295). It has also been argued by Cheshire et al; that; â€Å"the time has come to recognise formally the alternative definition of consideration and admit that the rationale behind the refusal to enforce some types of consideration is pure policy† (Cheshire et al; 2012; 77). Arguably, it appears that the consideration principle is rather outmoded and in need of reform so that a more robust approach to economic duress can be taken by the courts. At present, much confusion arises as to when economic duress can be used as a defence. Judges thus need to err on the side of caution to prevent commercial pressure being mistaken for economic duress and vice versa. Still, as stressed by the court in Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481; â€Å"the list of matters to be considered in assessing legitimacy is not exhaustive, and the weight to be attached to each of them will depend on the facts of the individual case.† Furthermore, it was also stated in the case that the decision to be made will involve some element of value judgement when considering whether the pressure that was exerted on the claimant crossed the line from that which must be accepted in normal robust commercial bargaining. It is clear from the decision in this case that the courts have made some attempts to provide clarity in this area and that each case will be decided on its own facts. In the more recent case of Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 it was evidenced that a contract variation between a supplier and a customer will unlikely amount to duress if the supplier is unable to perform a contract as a result of financial difficulties that will cause the supplier to become insolvent. Another problem that arises when it comes to economic duress is whether lawful conduct can amount to illegitimate pressure. Whilst it is possible, it is also extremely rare as shown in CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19; GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) and Wright v HSBC Bank plc [2006] EWHC 930 QB. Consequently, economic duress will continue to pose many problems as there will always be a debate as to whether particular circumstances may or may not give rise to a claim for economic duress. Because of the uncertainty within this area, it is evident that a more robust approach needs to be taken so that greater clarity and consistency can be provided. Economic duress has also been criticised for being causation-led, thereby meaning that a lack of causation will prevent a successful claim from being made. In Pao On v Lau Yiu Long [1979] UKPC 2 it was pointed out by Lord Scarman that in deciding whether causation was present, it will need to be considered whether the claimant; a) protested; b) had a practical alternative open to him; c) received independent advice; and d) acted promptly. This decision has been criticised for being inconclusive and failing to take into account the fact that claimants may not think that there is any point in protesting. This was recognised by Chen-Wis hart when it was argued that; â€Å"these factors are inconclusive. The victim may not protest because he sees no point in it or he may not wish to antagonise the coercing party whose performance he needs† (Chen-Wishart, 2012: 318). It is clear that the facts and circumstances of each case will be the determining factor as to whether the claimant has suffered economic duress or not. Because of the uncertainty that exists in this area, however, it is often difficult for those entering into commercial contracts to acknowledge that they are exerting pressure that is considered illegitimate, especially when there is a possibility that lawful pressure will also be capable of amounting to economic duress. As a result of this, Young warns against exerting commercial pressure that the courts may possibly consider economic duress: â€Å"Abusing your upper hand can leave the strong open to claims† (Young, 2012: 23). Conclusion Overall, whilst the doctrine of duress is well established in English law, the doctrine of economic duress still remains largely uncertain. This generally arises from the difficulty of distinguishing between legitimate and illegitimate economic duress. As such, it is up to the courts to decide when a person’s economic interests have been damaged from being forced or coerced into entering into a contract. Hence, the court will be required to consider whether the re-negotiation of the terms of the contract were lawful and whether the person being subjected to the economic duress, should be entitled to rescind the contract that they entered into. This is an important defence in ensuring that parties to a contract have equal bargaining power. Nevertheless, the practical application of economic duress has been subject to much confusion over the years, which may result from the reasoning that has been provided by the courts. There appears to be a lack of consistency that is being pr ovided, which highlights the need for future reform to this area. Whilst there is a difference between commercial negotiation and illegitimate pressure, it has proven extremely difficult to distinguish between the two, especially since lawful conduct can also amount to illegitimate pressure. In order to provide clarity to this area, it seems as though a more robust approach is therefore needed by the courts. References Business Dictionary. (2014) Economic Duress, [Online] Available: http://www.businessdictionary.com/definition/economic-duress.html [07 July 2014]. Card, R. Murdoch, J. and Murdoch, S. (2003) Estate Management Law, OUP, 6th Edition. Carr, N. (2011) Walking the Line – The Balance Between Legitimate Negotiation and Economic Duress, Available [Online]: [07 July 2014]. Chen-Wishart, M. (2012) Contract Law, Oxford University Press. Cserne, P. (2009) Duress in Contracts: An Economic Analysis, Contract Law and Economics, Volume 6, 2nd Edition. Furmston, M. P. Cheshire, G C. and Fifoot, C H. (2012) Cheshire, Fifoot and Furmston’s Law of Contract, Oxford University Press: London. Dictionary. (2014) Duress, [Online], Available: http://www.yourdictionary.com/duress [07 July 2014]. Noble, M. (1991) For Your Consideration, New Law Journal, Volume 141, Issue 1529. Ohrenstein, D. (2013) Key Developments in Contract Law: Economic Duress, Radcliffe Chambers, [Online] Available: http://www.radcliffechambers.com/media/Misc_Articles/Key_Developments_in_Contract_Law_-_Economic_Duress_2013.pdf [07 July 2014]. Young, A. (2012) When Pressure Turns to Duress, Construction Law Journal, Volume 23, Issue 5. Cases Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481 Collins v Godefroy (1831) 1 B&Ad 950 CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19 Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152 DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 Pao On v Lau Yiu Long [1979] UKPC 17 Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295) Shadwell v Shadwell (1860) 9 CBNS 159 Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 Stilk v Myrick (1809) 2 Camp 317 Thomas v Thomas (1842) 2 QB 851 Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 White v Bluett (1853) 23 LJ Ex 36 Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 Wright v HSBC Bank plc [2006] EWHC 930 QB

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