Parker v Clark Case Facts

The  Parker v Clark case is all about an agreement within a family to share a home.

One elderly couple called the Clarks were married and another couple called the Parkers were related because Mrs Clark was the aunty of Mrs Parker. The scenario came about when Mr Clark suggested that the younger couple, the Parkers could move in to their home and live with them. This idea was supported by Mr Parker but he did have some initial concerns. The move would mean that the Parkers would have to sell their current home. His concerns were alleviated slightly when the older Mr Clark wrote a letter to Mr Parker stating that the house would be bequeathed to Mrs Parker along with her sister and daughter if the couple were to pass away. The Parkers went ahead and moved in with the Clarks, selling their current house in the process. Over time the Clarks decided that the current arrangement was not working and asked them to move out. This then resulted in the Parkers bringing a case for breach of contract against their elderly relatives.

Parker v Clark Case Issues

The younger couple, the Clarks argued that fact that the agreement to move in to the home and was intended to be a legally binding one. The agreement meant that the home of the Parkers was sold and as a result they contributed to the day to day running costs of the elder couple’s home. The Clarks argued that due to the fact that the agreement was not in writing, there was no agreement and even so it would not be enough to satisfy the Law of Property Act 1925 because it was not written down.

Parker v Clark Case Outcome – Held

The claim made by the younger couple (the Parkers) was successful. This was due to the fact that the circumstances and the wording in the correspondence indicated that fact that both made the agreement with legal force. The letter that Mr Clark had originally written to the Parkers was enough to satisfy the 1925 Law of Property Act. The letter enough for a contractual offer and as a result the Parkers were entitled to damages. The damages were for the loss of their home which was sold in the move and also the loss of the expected inheritance of the Clarks home.