ABSTRACT
But, in Cheese v Thomas (1993), the court declared that the court must look at all the circumstances to do what was ‘fair and just’. In that case, a house which had been jointly bought had to be sold afterwards at a considerable loss. The agreement between the two parties for the purchase of the house was rescinded, but the court held that it was not necessary for the guilty party to bear the whole of the loss. It was fair and just that the proceeds should be divided according to the parties’ respective contributions.
