Cannon v Hartley

A volunteer who is a party to a covenant in a deed can sue for damages at common law for breach of the covenant.

Citation
[1949] Ch 213
Court
Chancery Division
Year
1949
Subject
Equity and Trusts
Topic
Formalities and constitution of trusts

Facts

Mr Hartley and his wife made a deed of separation, to which their daughter was a party. Mr Hartley covenanted that, if he became entitled to property under his parents' wills, he would settle part of it on trust for the daughter. He later became entitled to such property but refused to settle it. The daughter, who was a volunteer, sued him for damages.

Legal principle

Romer J held that the daughter was entitled to damages. Although she could not obtain specific performance, because equity will not assist a volunteer, she was a party to the deed and could therefore sue at common law for damages for breach of the covenant, because a covenant in a deed is enforceable at law without consideration. Her damages were the value of what she would have received if the covenant had been performed.

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