The measure of damages for an excluded equitable owner is loss of occupation not the loss of his contribution. A father moved in with his family and contributed money in the expectation that he would have the right to occupy the house rent free and for life.
Held: His loss was properly measured as the loss of that right, not of his contribution. He failed to establish a resulting trust, but succeeded in establishing an equitable estoppel.
Judges:
Dillon, Beldam, Roch LJJ
Citations:
Gazette 07-Apr-1993, Independent 06-Apr-1993, Times 23-Feb-1993, [1993] EWCA Civ 17, [1993] 2 FLR 247
Links:
Jurisdiction:
England and Wales
Equity, Housing, Estoppel, Trusts
Updated: 12 July 2022; Ref: scu.262595
