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Maskell v Horner [1915] 3 KB 106

The defendant demanded money from the claimant by way of a 'toll fee' for his market stall. The defendant had no legal basis for demanding this money. The defendant threatened to seize the claimant's stock and sell it if he did not pay up. The claimant paid the toll fee for a considerable period of time and then brought an action for money had and received to recover the money paid under duress.

Held: The claimant was entitled to recover the sums paid in the law of restitution. This decision is out of line with the law on duress of goods in contract law and is considered by some as demonstrating that the position taken in contract law should be revised.

Back to lecture outline on Duress in Contract law