Atlas Express Ltd. v Kafco

Atlas Express v Kafco (Importers & Distributors) Ltd. [1989] QB 833 is an English contract law case relating to duress.

Atlas Express realised it had underestimated the size of cartons to be carried, so it was costing more to deliver.

Tucker J held there was economic duress in this situation, which meant the contract was voidable.

When Kafco's Mr Armiger signed, he did so ‘unwillingly and under compulsion (...) He had no bargaining power.

He did not regard it as a genuine arm’s length re-negotiation in which he had a free and equal say and, in my judgement, that view was fully justified.’ Tucker J distinguished economic duress from ‘commercial pressure, which on any view is not sufficient to vitiate consent.