Barton v Armstrong [1973]

Barton v Armstrong [1973] UKPC 27 is a Privy Council decision heard on appeal from the Court of Appeal of New South Wales, the court addressed issues related to duress, specifically focusing on the ability of a person to avoid a contract entered into under physical duress.

Alexander Barton, the managing director of Landmark Corporation Ltd, executed a deed in which the company would pay $140,000 to Alexander Armstrong, a NSW state politician, and purchase his shares for $180,000. Armstrong was the chairman of the board. It was found by Street J that Armstrong had indeed threatened Barton's life. However, the NSW Court of Appeal held that Barton had failed to prove that the threat had caused him to make the contract.

The Judicial Committee of the Privy Council provided advice that Barton could avoid the contract on the grounds of duress, even if he might have agreed to the deal independently of the duress. Lord Cross, Lord Kilbrandon, and Sir Garfield Barwick held that physical duress need not be the main reason for entering into an agreement; it just has to be one reason among others. Lord Cross asserted that the same rule should apply for duress as in misrepresentation, stating that if threats were a reason for Barton's execution of the deed, he is entitled to relief, even if he might have entered into the contract without the threats.

In dissent, Lord Wilberforce and Lord Simon agreed on the law but found no duress on the facts. They argued that threats needed to be at least one reason for entering into the contract. They explained that the law distinguishes between legitimate and illegitimate means of obtaining consent, with some means, such as duress, coercion, fraud, undue influence, abuse of confidence, falling into the category that the law does not accept as a valid reason for voluntary action.

The three tests for physical duress outlined by Lord Wilberforce and Lord Simon include showing that illegitimate means of persuasion were used, demonstrating that these illegitimate means were a reason for entering into the contract (not necessarily the main reason), and providing honest and accepted evidence.

This case establishes that physical duress can render a contract voidable, even if the duress was not the primary reason for entering into the contract, affirming the importance of protecting individuals from agreements induced by illegitimate pressure or threats.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.