Chapman v Jaume

Chapman v Jaume

On the facts found, the sums expended by the appellant were not gifts or contributions to household expenses, and there was some form of agreement for repayment. In the absence of precise terms, the law infers repayment within a reasonable time after demand. The presumption of advancement does not apply between cohabitants.

Parties
Appellant: Chapman; Respondent: Jaume
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Loan Agreements, Cohabitation, Repayment of Expenditure, Presumption of Advancement
Contract Law Property Law Loan Agreements Cohabitation Repayment of Expenditure Presumption of Advancement

Case Brief

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Parties

Chapman

Appellant

Jaume

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether sums expended by appellant on respondent's property were a loan or contribution to household expenses
  2. 2 Whether there was an agreement for repayment and its terms
  3. 3 Applicability of presumption of advancement between cohabitants

Ratio Decidendi

On the facts found, the sums expended by the appellant were not gifts or contributions to household expenses, and there was some form of agreement for repayment. In the absence of precise terms, the law infers repayment within a reasonable time after demand. The presumption of advancement does not apply between cohabitants.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to County Court to determine quantum of repayment