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Wroth and Another v. Tyler

[1974] Ch. 30, [1973] 1 All E.R. 897

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Wroth and Another v. Tyler

British High Court of Chancery
[1974] Ch. 30, [1973] 1 All E.R. 897

Facts

Tyler (defendant) lived in his home in the United Kingdom with his wife and daughter. Tyler entered into a contract to sell his home to Wroth (plaintiff). Tyler’s wife did not want to move, and unbeknown to Tyler, she registered a charge under the United Kingdom’s Matrimonial Homes Act of 1967 (the act). By registering a charge under the act, a spouse could protect the right to occupy a home. Tyler attempted to obtain his wife’s consent to the sale, but she refused, so Tyler withdrew from the contract to sell his home to Wroth. Wroth filed a complaint seeking specific performance of the purchase contract as well as damages.

Rule of Law

Issue

Holding and Reasoning (Megarry, J.)

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