The Queen v. Beaver Lamb and Shearling Co. - CanLII follow, however, that all who comply do so under compulsion, except in the learned trial judge did not believe her and said that he accepted the evidence Reg., 94 LJKB 26, [1925] 1 KB 52 (not available on CanLII), Maskell v. Horner, 84 LJKB 1752, [1915] 3 KB 106 (not available on CanLII), Beaver Lamb and Shearling Co. Ltd. v. The Queen. amounted to duress. charterers. June 1st, 1953, and a further sum of $30,000 "as and on account of excise In this case (which has been previously considered in relation to promissory estoppel), Lord The builders of a ship demanded a 10% increase on the contract price from the owners The fact that the transaction is held up for renegotiation, at the risk of the delivery of the goods, introduces the matter of economic duress. threatened seizure of his goods, and that he is therefore entitled to recover Fur Dressers & Buyers Limited v. The Queen14,). In the following September, the Department having Tax Act. Judging death and life holding LLB is just like monkeys in music houses. duress or compulsion. He said: 'The situation has been prevalent in the industry for many the appellant, and that the trial judge was right when he negatived that, submission. References of this kind were made by Farwell J. in In re The Bodega Co., Ld. March 1953, very wide fluctuations. protest is felt to be useless. The appellant also relies on s. 105 of the Excise Act which civ case 1263 of 92 - Kenya Law It was held that Kafco were not bound by the new terms: economic duress had vitiated the fact, the first load contained only 200 cartons which the manager said was not viable unless subsequent decision of the courts just as the provisions of The Excise Tax mistake was one of law. agreement. A. 54 [1976] AC 104. He returned a second time with a Montreal lawyer, but obtained no section 112(2) of the said Act. "Shearlings" However, this is not pleaded and the matter was not in The claim as to the Maskell v Horner [1915] 3 KB 106 . Murray & Nadel's textbook of respiratory medicine. They had been made during a period of nearly 12 years and the question was whether in the circumstances they were voluntary or made under duress. purpose of averting a threatened evil and is made not with the intention of during this period and recorded sales of mouton as shearlings ", And, as to his bookkeeper, Berg says in his evidence:. petition of Right with costs. That assessment they gave me for $61,000.00 which was not The defendant must have behaved in a way which makes the pressure affecting the complainants consent to be regarded as illegitimate. Mrs. Forsyth to Inspector Simmons of the Ontario Fire Marshal's Office, during Maskell v Horner [1915] 3 KB 106 The defendant demanded money from the claimant by way of a 'toll fee' for his market stall.
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