The following case is a more recent example of threats to the person, and
it is clear that this particular threat need not be the only incentive to enter
the contract for duress to be claimed successfully.
Threats to property
As the definition arising from common law is a strict one, the doctrine of
duress does not normally apply to threats to property, as seen in Skeate v
Beale (1840), where threats of distraint property (to take it to set against
debts) were held not to amount to duress.
More recent cases show that in some circumstances courts are prepared to take
a more flexible approach towards threats to property. For example, in The
Siboen and the Sibotre (1976) it was said that threats to property could in some
150 Contract law
A BSign this contract or
I’ll see you’re beaten upContract formed under duressFigure 10.1
Barton v Armstrong (1976)
(On appeal to the Privy Council from Australia.)
The plaintiff contracted to buy some shares from the defendant under
various threats which included statements such as, ‘The city is not as
safe as you may think between office and home. You will see what I can
do against you and you will regret the day when you decided not to
work with me.’ P also received telephone calls in the night, usually
containing heavy breathing, but on one occasion also containing a
death threat. It was held that the contract was made under duress and
was invalid.Are threats to property always less important than threats to the person?