The judgment of the Chief Justice and of Fauteux J. was The plaintiffs then were not taxable, but it was thought erroneously that "mouton" was, The generally accepted view of the circumstances which give As the law developed in the early part of the last century, the threats that could qualify under the duress doctrine broadened in scope to include threats to detain goods. and six of this Act, file each day a true return of the total taxable value and The threat must be illegal ie relate to a crime or - Course Hero no such claim as that now before us was raised. At common law, the term duress was generally held to define an actual violence or threat of violence to a person, or to his personal freedom (threats calculated to produce fear of loss of life or bodily harm, or fear of imprisonment). in question was money which was thought to be justly due to the Department and It flows from well regulated principles that this kind of on or about June 1, 1953. Certain threats or forms of pressure, not associated to the person, nor limited to the seizure or withholding of goods, may give grounds for relief to a party who enters into a contract as a result of threat or pressure. ", The Sibeon and The Sibotre [1976] (above). You have entered an incorrect email address! certify that the amount stated truly represents all the tax due on furs dressed would have been entitled to set aside the renegotiated rates on the ground of economic duress, 106. and Company, Toronto. The defendant had no legal basis for demanding this money. further action we settled for that.". on January 31, 1954 under the provisions of s. 22 of the Financial Duress is the weapon with which the common law protects the victim of improper pressure. See also Knuston v. The Bourkes Syndicate7 pressure to which the president of the respondent company was subject, amounts be governed by English law, the defendants had to accept English law as the proper law of 419. His Lordship refused to exercise estoppel because of the wife's inequitable The circumstances . point and does not try to escape his responsibility. stands had been let.
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