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{{Use dmy dates|date=April 2022}}
{{Infobox court case
| name = Barton v Armstrong
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'''''Barton v Armstrong''''' is a [[Judicial Committee of the Privy Council|Privy Council]] decision heard on appeal from the Court of Appeal of New South Wales,<ref name=PC>{{cite BAILII |year=1973 |court=UKPC |num=27 |format=1 |litigants=Barton v Armstrong |parallelcite=[1976] {{abbr|AC|Appeal Cases}} 104 |date=5 December 1973 |courtname=auto |juris=NSW}}.</ref>
The
==Facts==
Alexander Barton was the managing director of a company, Landmark Corporation Ltd., whose main business was property development, its projects passing through 'Paradise Waters (Sales) Pty Ltd'. Barton executed a deed whereby the company would pay $140,000 to [[Alexander Armstrong (Australian politician)|Alexander Armstrong]], a NSW state politician, and buy his shares for $180,000. Armstrong was the chairman of the board.
[[Laurence Street|Street J]] found Armstrong had indeed threatened to have Barton killed. But the [[NSW Court of Appeal]] said Barton failed to discharge the onus that the threat had caused him to make the contract.<ref>''Barton v Armstrong'' [1973] 2 [[NSW Law Reports|NSWLR]] 598 (30 June 1971), [[NSW Court of Appeal|Court of Appeal]] (NSW, Australia).</ref>
==Advice==
The [[Judicial Committee of the
[[Lord Wilberforce]] and Lord Simon, dissenting jointly, held that while in substantial agreement on the law, there was no duress on the facts, but the threats needed to be at least
<blockquote>involves consideration of what the law regards as voluntary or its opposite
The three tests for physical duress … are to, first,
==See also==
{{Clist pressure}}
*[http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s61.html
*''[[Lloyds Bank Ltd v Bundy]]'' [1975] QB 326
*''[[Williams v. Walker-Thomas Furniture Co.]]'' 350 F.2d 445 (C.A. D.C. 1965)
*''[[Astley v Reynolds]]'' (1731) 2 Str 915
*''[[Skeate v Beale]]'' (1840) 11 AD & E 983 held unlawful detention of goods is not duress
==References==
{{reflist|2}}
[[Category:Australian contract case law]]
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