The existence of 'lawful act duress' was confirmed by the UK Supreme Court in Times Travel (UK) Ltd v Pakistan International Airlines Corporation [2021] UKSC 40, [2021] 3 WLR 727. In Australia & New Zealand Banking Group v Karam (2005) 64 NSWLR 149, the New South Wales Court of Appeal recommended that the scenarios which amount to lawful act duress should instead be accommodated under the broader 'equitable principles relating to unconscionability'. 

Do you think Hong Kong law should recognize the existence of 'lawful act duress'? 

Do you think it should be recognized as a subset of the equitable principle of unconscionability? 

Support your answer with reasons and legal authorities. 

 

Answer rating: 100% (QA)

Lawful Act Duress in Hong Kong Law A Balancing Act The question of recognizing lawful act duress in Hong Kong law presents a fascinating debate Heres ... View the full answer