Pascoe v Turner [1979]


  • 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


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


  • Yes, claim for possession failed


  • 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  Joseph Constantine Steamship Line v Imperial Smelting Corp [1942]

Posted in Contract Law Revision Notes.

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