CTN Cash and Carry Ltd v Gallagher Ltd 
- A buyer paid money to a supplier which he believed owed, though it wasn’t, to prevent the supplier removing the buyer’s credit facilities
- The buyer attempted to recover the money paid
- Was the payment made under duress; as such could it be recovered
- No recovery, claim dismissed
- The supplier was entitled to remove the credit facilities for any reason, and the money was paid with good intentions
- It could not be recovered
An extension capable of covering the present case, involving “lawful-act duress” in a commercial context in pursuit of a bona fide claim, would be a radical one with far-reaching implications. It would introduce a substantial and undesirable element of uncertainty in the commercial bargaining process.
Posted in Contract Law Revision Notes.
This page was last updated on 22nd January 2014