Pascoe v Turner [1979]

Facts

  • A husband left his wife for a mistress
  • The wife redecorated their (ex) joint home, spending £230
  • The husband wished to attain possession of the house, whilst the wife claimed that the house was hers by virtue of proprietary estoppel

Issue

  • Could the husband be estopped from denying his wife a right to possession of the house?

Decision

  • Yes, claim for possession failed

Reasoning

  • The wife’s detrimental reliance (by decorating) helped establish an equity by way or proprietary estoppel
  • Detrimental reliance need only be minimal
  • The husband was forced to convey the house to his wife
  • A court will not compel people to live together against their wishes
RELATED CASE  Bathurst v Scarborow [2004]

Posted in Contract Law Revision Notes.

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