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Errington v Errington Wood [1952] 1 KB 290

Facts:

Father bought house for son and daughter-in-law. F paid deposit told daughter they were to pay mortgage installments. House is fathers name. Father died. State trying to kick them out

Issue(s):

Was there a binding contract on the part of the couple to pay the mortgage?

Ratio:

A unilateral contract cannot be revoked once the other party entered on performance of the act, but the contract would cease to be binding if the party left it incomplete and unperformed.

Analysis:

The couple never bound themselves to pay the mortgage = Unilateral contract

Holding:

Do not get the house – only would get it if paid mortgage off


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