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Attorney-General for England and Wales v R - [2004] 2 NZLR 577

$30.00

Privy Council Wellington
[2003] UKPC 22
10, 11, 12 February; 17 March 2003
Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Millett and Lord Scott of Foscote
Contract — Consideration — Unenforceable representation soldier would not be returned to unit from SAS — Authorities actually forbore from returning to unit — Whether forbearance in fact capable of constituting consideration.
Military law — Orders — Soldier instructed to sign agreement or be returned to unit — Whether an order.
Contract — Duress — Soldier instructed to sign agreement or be returned to unit — Whether constituted duress.
Contract — Undue influence — Soldier instructed to sign agreement by superior officers or be returned to unit — Soldier prevented from taking independent advice — Whether actual undue influence — Whether relationship of soldier and officer raised presumption of undue influence — Whether facts of case raised presumption of undue influence.
Equity — Unconscionable bargain — Soldier instructed to sign agreement or be returned to unit — Whether constituted unconscionable bargain.
Contract — Remedies — Injunction — Contract to suppress freedom of expression — When specific performance not appropriate although money damages not entirely adequate — Mutuality of remedies — Conduct of parties — Sufficiency of consideration.
Equity — Equitable remedies — Injunction — Avoidance for undue influence — Soldier instructed to sign agreement by superior officers or be returned to unit — Soldier prevented from taking independent advice — Whether actual undue influence — Whether relationship of soldier and officer raised presumption of undue influence — Whether facts of case raised presumption of undue influence — Whether contract should be enforced by injunction — Contract to suppress freedom of expression — When specific performance not appropriate although money damages not entirely adequate — Mutuality of remedies — Conduct of parties — Sufficiency of consideration.
Administrative law — Judicial review — Observation as to reviewability of unreasonable refusal of consent by ministry under terms of contract where no provision in contract preventing unreasonable refusal.

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