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DSND Subsea Ltd v Petroleum Geo-Services ASA

[2001] 117 LQR 376

Case summary last updated at 04/01/2020 18:17 by the Oxbridge Notes in-house law team.

Judgement for the case DSND Subsea Ltd v Petroleum Geo-Services ASA

A threatened to break a contract unless B agreed to a modification of it, which B did, before seeking a declaration that the modification of the contract was void under economic duress. In this case the threat to breach was NOT economic duress because there was no contemporaneous evidence that the threat had actually put B under duress. 

Dyson J: In determining whether there has been illegitimate pressure, threatened or actual breach of contract is only one of several factors e.g. good faith, realistic practical alternative for D, protest by the victim, and whether D sought to rely on or affirm the contract. Had there been duress, he would have voided the contract. 

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