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.
and contents were hers.
In reliance on this she spent, with knowledge of Mr P,
her own money on improvements.
her own money on improvements.
Mr P moved out when relationship ended.
3 years later he gave Ms T two month’s notice to
determine license.
determine license.
Court of Appeal held there was gift of contents since
Ms T was in possession of them as bailee when Mr P declared gift.
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.
trust, but an estoppel arose in her favour.
This estoppel could most properly be satisfied by a
conveyance of house to Ms T.
conveyance of house to Ms T.
Licence to occupy for lifetime not sufficient – would
not assure defendant security of tenure and quiet enjoyment.
not assure defendant security of tenure and quiet enjoyment.
[Pascoe could have sold to a bona fide purchaser for
example.
example.
Hence court awarded fee simple of house for relatively
small outlay.
small outlay.
Pascoe was nasty but he was punished in the wrong way
– tort and crime should have been used]
– tort and crime should have been used]
