What was the significance of Walsh v Lonsdale?
The rule in Walsh v Lonsdale allows a court of equity to regard a party to a specifically enforceable contract for the transfer of a legal interest as being in the same position, as between himself and the other party to the contract, as if the legal interest has actually been trasferred.
Why was the agreement in Walsh v Lonsdale not a legal lease?
The claimant argued that under common law rules a lease had to be created by deed to be legal. This had not been done, therefore the lease was not legal.
Is Walsh v Lonsdale a fusion fallacy?
1 The fallacy alleged is that the Judicature Acts fused the substantive as opposed to the procedural rules of law and equity. Most common law jurisdictions are in agreement that the Judicature Acts fused procedure only. in Walsh vLonsdale3 represents the epitome of fusion fallacy.Shaw. 24, 1433 AH
What is an equitable lease?
An agreement for the grant of an interest in land on terms that correspond to a legal lease but do not comply with the necessary formal requirements of a legal lease.
What is the doctrine in Walsh v Lonsdale?
The prime illustration of the operation of the fusion provisions is the doctrine of Walsh v Lonsdale. It says, in loose terms, that an agreement for a lease is as good as a lease.
What ought to be done as done?
Equity Considers Done That Which Ought To Be Done This means that where a party was required to perform an obligation such as in contract law, equity would apply to consider the parties to be in the relative positions they would have been in if the obligation had been performed.Rab. II 25, 1429 AH
What are rules of equity?
Overview. In law, the term “equity” refers to a particular set of remedies and associated procedures involved with civil law. These equitable doctrines and procedures are distinguished from “legal” ones. A court will typically award equitable remedies when a legal remedy is insufficient or inadequate.
What is the fusion fallacy?
‘fusion fallacy’, that is. the administration of a remedy, for example common law damages for breach. of fiduciary duty, not previously available either at law or in equity, or the. modification of principles in one branch of the jurisdiction by concepts which.
What is substantive Fusion?
Substantive fusion. The idea that the judicature acts removed any substantive distinction between common law and. equitable claims, and abolished defences and remedies. (sometimes called the ‘fusion fallacy’ by its detractors)
Can a 17 year old have a tenancy agreement?
The law doesn’t allow anyone under 18 to hold a tenancy. However, if the landlord agrees, you can: Get someone over 18 to hold the tenancy for you until you turn 18 – you’re still responsible for the rent though.Dhuʻl-H. 16, 1436 AH
What is the difference between legal and equitable interests?
The status of an interest in land as either legal or equitable traditionally determined the rules of enforcement of that interest against third parties: legal interests bound all third parties, whereas equitable interests would only bind third parties who were not bona fide purchasers for value of a legal estate …
What is an imperfect gift?
In legal terms, this means that equity will not regard the beneficial interest as having been transferred to the intended donee before legal title is considered to have done so.Dhuʻl-H. 24, 1439 AH