ABSTRACT
Where the claim is one for money had and received in respect of a payment made under duress – whether physical or economic – it is suggested that it should not matter whether the payee is the coercer or a third party. If I threaten to break my contract with you unless you pay me £1,000, you can recover the £1,000; it should make no difference in this connection if I demand that the money be paid to a company controlled by me, and you subsequently claim against that company.123 The only exception, it is suggested, is where the payee is innocent124 and gives value: for instance, where X coerces me into paying X’s debts to you. In such a case, you as a bona fide purchaser ought to be able to hold on to what you got,125 and my only claim should be against X.
