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When Can the Bastards Grind You Down?

10th Nov 2021

Times Travel (UK) Ltd. v Pakistan International Airlines Corpn [2021] 3 W.L.R.727 and when will a threat to do something lawful will amount to duress in contract law.

In this case, an airline used its monopoly power to compel an agent to agree to give up strong claims which it had for commission payments that were due. The agent sought to have the agreement set aside on the grounds of duress. In ruling against the agent, the Supreme Court examined the circumstances where an agreement, which is entered into because of a threat to cause harm by forceful but lawful means, can be set aside and where it cannot be.

Other cases referred to:

  • The Universe Sentinel [1983] AC 366
  • Kaufman v Gerson [1904] 1 KB 591
  • Borrelli v Ting [2010] Bus LR 1718
  • The Cenk [2012] 2 All ER (Comm) 855
  • CTN Cash and Carry v Gallaher Ltd. [1994] 4 All ER 714

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