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.
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.
What is the difference between a legal lease and an equitable lease?
In unregistered land, a legal lease binds the world, whereas an equitable lease is vulnerable to third parties if not registered as a Land Charge. In registered land, a properly protected (by registration or over-riding status) legal lease is all but invulnerable to third parties.
Can you assign an equitable lease?
It is a well-established point of law that an equitable assignment occurs from the date of completion of an instrument to assign a lease until the assignment is registered at the Land Registry (if appropriate). At this point the equitable assignment becomes an assignment in law.
Why will equity not assist a volunteer?
Equity will not make its remedies available to a volunteer. But if in a proceeding in Chancery the Court is only required to give effect to legal rights, and such rights accrue under a voluntary deed, the absence of consideration is no reason why it sllould not enforce those rights.
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.
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 an equitable easement?
In the strict statutory meaning1 of the term an equitable easement is a proprietary interest in land such as would before 1926 have been recognised as capable of being conveyed or created at law, but which now takes effect only as an equitable interest2.
Can an equitable lease be overriding?
An equitable lease in registered land can be protected by overriding interests. As a equitable lease is a valid interest and Mr and Mrs E have obvious actual occupation of property five. Furthermore protection by notice can also be used as equitable leases are not excluded from being charges by way of notice.
Who comes to equity must do equity?
The maxim means that to obtain an equitable relief the plaintiff must himself be prepared to do ‘equity’, that is, a plaintiff must recognize and submit to the right of his adversary.
Where are equities equal?
This maxim means that “when the conflicting interests of two or more parties are supported by equitable pleas of equal value, equity being unable to prefer one to the other would allow the conflicting equities to cancel out and leave law to take its course”.
