Mr P and Ms T lived together in house of Mr P.
Mr P started affair with another woman.
Ms T remained in house and was told by Mr P that house
and contents were hers.
In reliance on this she spent, with knowledge of Mr P,
her own money on improvements.
Mr P moved out when relationship ended.
3 years later he gave Ms T two month’s notice to
Court of Appeal held there was gift of contents since
Ms T was in possession of them as bailee when Mr P declared gift.
Concerning house, no valid gift or declaration of
trust, but an estoppel arose in her favour.
This estoppel could most properly be satisfied by a
conveyance of house to Ms T.
Licence to occupy for lifetime not sufficient – would
not assure defendant security of tenure and quiet enjoyment.
[Pascoe could have sold to a bona fide purchaser for
Hence court awarded fee simple of house for relatively
Pascoe was nasty but he was punished in the wrong way
– tort and crime should have been used]