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Key information

Court
Court of Appeal (England)

Issues
Unilateral contract

 

 

 

 

AustraliaErrington v Errington

[1952] 1 KB 290


Facts

Father bought house subject to mortgage and promised his son and daughter-in-law they could have the house when he died if they made the mortgage .  They did. The father died and left the house to his widow. Was there a contract for the sale of the house?

Held

Yes - there was a unilateral contract between the father and the couple.  The father promised to convey the house if they paid the mortgage; the children made no reciprocal promise to make payments, but the contract was held to be binding unless they stopped making payments.

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