Clare Arthurs and Nicole Finlayson peer into their contractual crystal ball ‘The parties simply had not turned their minds to the set of circumstances that actually arose, ie a sale at a sum other than the sum contemplated.’ The facts of Barton v Gwyn-Jones [2019] appear straightforward. When Mr Barton verbally contracted with Foxpace Ltd …
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Wills & Trusts Law Reports | January/February 2012 #116Patricia Jones and Leonard Kernott bought a property together (Badger Hall Avenue) in May 1985 and lived there until their relationship ended in October 1993. The legal title to Badger Hall Avenue was held by them jointly. Ms Jones had contributed £6,000 of the £30,000 purchase price with the balance funded by an interest-only mortgage. An extension had been built and funded by Mr Kernott and had increased the value of Badger Hall Avenue to £44,000. Ms Jones and Mr Kernott had a daughter (born 1984) and a son (born 1986) together.
It was common ground that, until October 1993, the...