Halpern & Anor v Halpern & Ors
A party cannot avoid a contract procured by duress at common law if he cannot offer the other party substantial restitutio in integrum (counter restitution).
- Parties
- Claimant: Yisroel Meir Halpern; Claimant: Shmuel Halpern; Defendant: Nochum Mordechai Halpern; Defendant: David Moshe Halpern; Defendant: Bezalel Yaacov Halpern; Defendant: Akiva Aron Halpern; Defendant: Esther Vaisfiche
- Jurisdiction
- England and Wales
- Judgment Date
- 04 July 2006
- Procedural Posture
- Commercial / Trial of Preliminary Issue
- Outcome
- Preliminary issue answered in the negative for the party seeking rescission.
- Legal Topics
- Duress, Rescission, Restitutio in Integrum, Counter Restitution
Case Brief
Summary, issues, holding and outcome
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Parties
Yisroel Meir Halpern
Claimant
Shmuel Halpern
Claimant
Nochum Mordechai Halpern
Defendant
David Moshe Halpern
Defendant
Bezalel Yaacov Halpern
Defendant
Akiva Aron Halpern
Defendant
Esther Vaisfiche
Defendant
Procedural Posture
Commercial / Trial of Preliminary Issue
Legal Issues
- 1 Whether a party can avoid a contract procured by duress if substantial restitutio in integrum cannot be offered
Ratio Decidendi
A party cannot avoid a contract procured by duress at common law if he cannot offer the other party substantial restitutio in integrum (counter restitution).
Court Disposition
Preliminary issue answered in the negative for the party seeking rescission.
Orders
- A party cannot avoid a contract procured by duress if he cannot offer substantial restitutio in integrum.
Full Case Text
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