Morgan v Fry [1968] 2 QB 710, ewca
Citation:Morgan v Fry [1968] 2 QB 710, ewca
Rule of thumb: What is a legal threat to someone? What is leverage? When does a threat become illegal & constitute duress/coercion? Any threat to do anything criminally illegal or in breach of civil law if a contract is not signed invalidates the contract. A threat to make measures which are not in breach of the criminal or civil law, such as raise a legal action or exercise any other discretion or power they lawfully have in a lawful manner, is a valid threat which is leverage.
Background facts:
Parties argued:
Judgment:
‘The essential ingredients are these: there must be a threat by one person to use unlawful means (such as violence or a tort or a breach of contract) so as to compel another to obey his wishes and the person so threatened must comply with the demand rather than risk the threat being carried into execution. In such circumstances the person damnified by the compliance can sue for intimidation’, Lord Denning MR
Ratio-decidendi:
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.