Ctn cash and carry. CTN Cash and Carry Ltd v Gallaher Ltd explained 2022-12-29
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CTN Cash and Carry Ltd v Gallaher Ltd explained
The defendant company took a tough line. But in my view the law compels the result. Insurers are deemed to be aware of the normal trade practices in the businesses they insure and the usual risks associated with them. Lord Atkin Proximate cause. Outside the field of protected relationships, and in a purely commercial context, it might be a relatively rare case in which 'lawful act duress ' can be established. . Insurers elected to reinstate, but planning restrictions prevented them from rebuilding in the same manner, with the result that the premises were smaller than before.
CTN Cash and Carry v Gallaher [1993] EWCA Civ 19 (15 February 1993)
A Mrs Bentley had parked her car at the side of a major road, having run out of petrol. Financial law is the law and regulation of the insurance, derivatives, commercial banking, capital markets and investment management sectors. A few months later she was insured under this name but no mention was made to the underwriters of her history as a fighting ship. Third, and most important, Gallagher acted in good faith when it demanded payment from CTN — it genuinely felt entitled to the payment. However, the motor insurers denied liability, pointing out that Mrs Bentley's car had been properly parked about ten minutes before the accident occurred and, therefore, the accident was not 'caused by or arising out' of her use of the car.
Duress in English law is a complete common law defence, operating in favour of those who commit crimes because they are forced or compelled to do so by the circumstances, or the threats of another. Preston , appeared for the Appellant Plaintiff. D was entitled to refuse future services to P and it was perfectly lawful to do so. The defendants had relied on the promise to accept a lower rent and had acted upon it by reducing the rent payable by their own tenants during the period in question. GALLAHER FACTS The plaintiff company ran a cash and carry business from warehouses in six towns in the north of England. He subsequently renounced the contract by saying that he had no cargo to load and told the claimant to leave port. On the other hand, Goff and Jones Law of Restitution observed that English courts have wisely not accepted any general principle that a threat not to contract with another, except on certain terms, may amount to duress.
It is true that the defendants were the sole distributors of the popular brands of cigarettes. The defendants continued with the lease under these circumstances but in 1945, the claimants claimed again the original rent from 1941 on the basis that no consideration had been given for their agreement to reduce it. The defendant reinsurer then denied liability on the grounds that claimant no longer had an interest because, the original insurance having been cancelled, they themselves did not have to pay out. The manufacturers of carbolic smoke balls a medicine which they claimed would prevent all sorts of illnesses were held to have made an offer to the public as a whole when they promised in an advertisement to pay £100 to any person who caught influenza after having used one of their smoke balls as instructed. The notion of duress must be distinguished both from undue influence in the civil law.
But it is a mistake for the law to set its sights too highly when the critical enquiry is not whether the conduct is lawful but whether it is morally or socially unacceptable. It was held that his action was lawful - a person is generally entitled to abstract water which is flowing in undefined channels under his own land - and the fact that he did so from an improper motive did not make his action unlawful. The materiality of a fact is judged by reference to the position as it existed at the date of placing the risk. Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. . Merely being lawful does not make something legitimate, otherwise outrageous, but legal, compulsion would not lead to a finding of duress.
The defendant honestly, but incorrectly, believed that they were owed the money. The answer really depends on the circumstances of each case. It is remarkable for the judgment of Lord Denning MR who advanced that English law should adopt the approach developing in some American jurisdictions that all impairments of autonomy could be collected under a single principle of "inequality of bargaining power. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. The fact that the defendants were in a monopoly position cannot therefore by itself convert what is not otherwise duress into duress.
Therefore financial law as the law for financial industries involves public and private law matters. Therefore the threat was legitimate and consequently,economic duress could not be established. . A contract is a legally enforceable agreement that creates, defines, and governs mutual rights and obligations among its parties. It would introduce a substantial and undesirable element of uncertainty in the commercial bargaining process. It was entitled to be paid the price for the goods. The Act unified several classes of visitors to property and the duty of care owed to them by the occupier, as well as codifying elements of the common law relating to this duty of care.
Mrs Bentley rushed across the road to talk to her colleague but ran into the path of a car driven by Dunthorne. The above case illustrates this point. Monopoly Position: The dispute arises out of arm's length commercial dealings between two trading companies. The difference was made up by a gratuitous payment from a fund set up by the US congress to cover such uninsured losses, the terms of which included a stipulation that underwriters were not to receive any benefit from the funds. The court ruled that the requirements of the Life Assurance Act 1774 were satisfied because it did not require that the interest, necessary at inception, should still exist at the time of the loss. Numerous other Acts, statutory instruments and cases relating to labour, banking, property and conflicts of laws also shape the subject. Buy the full version of these notes or essay plans and more in our.
The claimant's company had insured the life of the Duke of Cambridge and reinsured the risk with the defendant reinsurer. While UK bankruptcy law concerns the rules for natural persons, the term insolvency is generally used for companies formed under the Companies Act 2006. However, this does not necessarily extend to events that have affected the trade in question, even if they are quite recent. CTN CASH AND CARRY LTD V. In other words, the judges must say what pressures though lawful outside the restitutionary context are improper as contrary to prevailing standards.
The defendant threatened to withdraw the claimant's credit facility unless the invoice was paid. The court would not set it aside for economic duress. The aim of our commercial law ought to be to encourage fair dealing between parties. That is the enquiry in which we are engaged. In the absence of malice or any other form of bad faith, economic duress could not be established. But the feature underlying and dictating this attitude was a genuine belief on its part that it was owed the sum in question.
