Chapter

The wide principle of fairness

Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780406176080.003.0035
The wide principle of fairness

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This chapter discusses the wide principle of fairness. What was reasonable and fair in given circumstances was developed, circumstances which no one had contemplated before. That was the test which the author derived from section 17 of the 1882 Act and had applied in the cases about the deserted wife. That broad principle was also applied by his colleagues in similar cases. They held that section 17 was procedural only. It did not create any legal rights. They said that the improvements made by the husbands in Appleton v Appleton and Pettitt v Pettitt were done gratuitously without any intention of affecting the legal title to the houses in question. So the husbands got nothing and the wives took the improved value of the houses without paying anything for it.

Keywords: section 17; deserted wife; legal rights; Appleton v Appleton; Pettitt v Pettitt

Chapter.  531 words. 

Subjects: Constitutional and Administrative Law

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