(Jersey) The parties had entered into an agreement giving vehicular rights of way over B’s land. She alleged however that she had been misled into signing it. S sought to enforce it. Jersey law still depended upon the customary law of Normandy, and it is not legitimate to import the principles of English law into Jersey law relating to property rights. Such a contract could only be set aside, if the value paid was less than half the value of what was conveyed. It was argued that this right only attached to contracts where the value was readily ascertainable.
Held: No juste prix for the servitude right could be determined objectively and in good faith, and the remedy for deception d’outre moitie did not apply.
Judges:
Lord Hope of Craighead, Lord Cooke of Thorndon, Lord Hutton, Lord Millett, Sir Ivor Richardson
Citations:
[2001] UKPC 5, Appeal No 19 of 2000
Links:
Citing:
Cited – Godfray v Godfray PC 1865
It is not legitimate to import the principles of English law into Jersey law relating to property rights, even if in any case this could be done. . .
Lists of cited by and citing cases may be incomplete.
Land, Commonwealth
Updated: 04 June 2022; Ref: scu.163273