Although the son’s option to purchase was defeated by the sale of the land to his mother, as a result of the fact that it had not been registered under the Land Charges Act 1925, he was still able to pursue a claim in conspiracy against his parents for breach of his personal contractual rights.
The doctrine of the unity of husband and wife was dismissed as a medieval fiction to be given (per Sir George Baker) no more credence than the medieval belief that the Earth is flat.
Lord Denning MR said that the tort of conspiracy is ‘a modern invention altogether . . of use primarily when the act which causes damage would not be actionable if done by one alone’
Judges:
Sir George Baker, Lord Denning MR
Citations:
[1982] 1 Ch 529, [1981] 3 All ER 744, [1982] 2 WLR 1
Statutes:
Jurisdiction:
England and Wales
Citing:
Affirmed – Midland Bank Trust Co Ltd v Green (No 3) FD 1979
Oliver J said: ‘The common law has in relation to the expulsion of Adam and Eve from the Garden of Eden been a trifle selective in its application of the biblical doctrine that ‘even God himself did not pass sentence upon Adam before he was called . .
Lists of cited by and citing cases may be incomplete.
Family, Torts – Other
Updated: 02 May 2022; Ref: scu.421367