Errington v Errington [1952] 1 KB 290

Facts

  • A father allowed his son and daughter-in-law to occupy a house, promising to transfer it to them if they completed the mortgage payments.
  • The son and daughter-in-law made regular payments towards the mortgage as consideration.
  • The arrangement was informal and not implemented as a formal lease.
  • The father attempted to revoke their ability to occupy the house before the mortgage was fully paid.

Issues

  1. Whether the licence granted to the son and daughter-in-law, conditional on mortgage payments, constituted a binding contractual obligation or a mere personal privilege.
  2. Whether the consideration provided by the son and daughter-in-law’s mortgage payments was sufficient to render the licence enforceable against the licensor.
  3. Whether the parties intended the licence to confer legal rights and create legal relations.

Decision

  • The court held that the regular mortgage payments by the son and daughter-in-law constituted valuable consideration.
  • The licence, supported by this consideration, was a contractual licence and not revocable unilaterally by the licensor.
  • The court found that the surrounding circumstances indicated an intention to create legal relations and confer enforceable rights.
  • The judgement clarified that contractual licences, unlike bare licences, could be enforced in equity.

Legal Principles

  • A licence is a permission to use land, revocable if bare, but potentially enforceable as a contractual licence if supported by consideration.
  • Consideration distinguishes a contractual licence from a bare licence and allows for equitable enforcement.
  • The intention to create legal relations is necessary for enforceability; courts will consider the factual context, parties’ conduct, and promises made.
  • Contractual licences may create obligations on the licensor, especially where the licensee has relied on the promise or provided ongoing value.
  • The principles in this decision apply particularly in informal family arrangements and have been considered in subsequent case law analyses.

Conclusion

Errington v Errington established that a licence supported by consideration and intended to create legal relations may confer enforceable rights, preventing unilateral revocation. This remains a foundational authority for the distinction between contractual and bare licences in English property law.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal