duress of goods

In the case of a threat directed at property (duress of goods), the courts have required an unequivocal protest at the time of entry into the transaction.

The defendant arrived later, and demanded payment to compensate him for duress of goods (after the station master offered to pay livery stable costs out of pocket); after the station master refused to pay such compensation, the defendant left the horse in the possession of the station for four months during litigation.

He noted 'the best known case' of Maskell v Horner, and also Skeate v Beale, where Lord Denman CJ said an agreement was not void because it was made under duress of goods, but noted that older cases do not deal with what happens when the threat is to breach a contract.