Jersey Judgment

Bisson (nee Ferbrache) v Bisson [1981] JLR 103 (13 July 1981)

Contract Law Duress Evidence Contract Avoidance

Citation: [1981] JLR 103
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

A contract may be avoided ab initio if the vendor's fear, caused by the purchaser's physical violence, amounts to duress; mere payment of less than half the true value is not sufficient evidence of duress.

Court disposition

contract avoided ab initio

Material facts

Parties

Bisson (nee Ferbrache)

Applicant

Bisson

Respondent

Amounts and remedies

Percentage of True Value Paid: 50

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

01
Whether payment of less than half the true value of property is sufficient evidence of duress
02
Whether fear caused by purchaser's physical violence constitutes duress sufficient to avoid a contract ab initio

Party arguments

Applicant: The contract should be avoided ab initio due to duress, as the vendor's fear was caused by the purchaser's physical violence.
Respondent: Payment of less than half the true value of the property alone is not sufficient evidence of duress.

Court’s reasoning

Legal principles

01
[1981] JLR 103

Purchaser's payment of less than half the true value of property is not alone sufficient evidence of duress.
02
[1981] JLR 103

Vendor's fear caused by purchaser's physical violence is sufficient to avoid contract ab initio.

Ratio, limits and disposition

Ratio decidendi

A contract may be avoided ab initio if the vendor's fear, caused by the purchaser's physical violence, amounts to duress; mere payment of less than half the true value is not sufficient evidence of duress.

Court disposition

contract avoided ab initio

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1981] JLR 103

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