Date: Thu, 29 Nov 2007 17:05

From: Andrew Dickinson

Subject: Third party duress and battery

See, in a different context, Kesarmal v. Chettiar [1954] 1 WLR 380 (PC) (transferee's knowledge of duress required to set aside transfer under Malay land code).

Andrew

-----Original Message-----
From: Tsachi Keren-Paz  
Sent: 29 November 2007 14:38
Subject: ODG: third party duress and battery

Dear colleagues,

I'm looking for authority or discussion on the question whether duress caused by third party and unknown to the defendant can be considered as vitiating the plaintiff's consent for purposes of the tort of battery. I recall reading an English or Canadian author (or case?, I think it was a casebook/textbook) suggesting that such duress would vitiate consent, but am not able to find it.

I would tend to argue that such duress should vitiate consent and be interested to hear members' views on that point as well.

Any idea?

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