Gordon (Appellant) v Havener (Respondent) (Antigua & Barbuda)

Gordon (Appellant) v Havener (Respondent) (Antigua & Barbuda)

The appeal was dismissed because Mr Gordon failed to pay the agreed purchase price under the contracts, entitling Mrs Havener to terminate the contracts for breach. Proprietary estoppel could not be invoked as the promises relied upon were inextricably tied to the contracts, which had been validly terminated.

Citation
[2021] UKPC 26
Parties
Appellant: Gregory Gordon; Respondent: Jacqueline Havener
Jurisdiction
United Kingdom
Judgment Date
04 October 2021
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Specific Performance, Breach of Contract, Proprietary Estoppel, Termination of Contract, Family Arrangements
Contract Law Property Law Equity Specific Performance Breach of Contract Proprietary Estoppel Termination of Contract Family Arrangements

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Parties

Gregory Gordon

Appellant

Jacqueline Havener

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the contracts for sale of land between family members were valid and enforceable
  2. 2 Whether payment of US$3,000 constituted consideration for the contracts
  3. 3 Whether proprietary estoppel applies where contractual promises are terminated for breach

Ratio Decidendi

The appeal was dismissed because Mr Gordon failed to pay the agreed purchase price under the contracts, entitling Mrs Havener to terminate the contracts for breach. Proprietary estoppel could not be invoked as the promises relied upon were inextricably tied to the contracts, which had been validly terminated.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.