Equity Flashcards
Walsh v Lonsdale
The defendant agreed to grant the claimant the lease of a mill for seven years, the rent to be paid quarterly in arrears with a year’s rent payable in advance if demanded. The parties did not execute a deed for the grant of the tenancy, but the claimant moved in and paid rent quarterly in arrears. The defendant then demanded a year’s rent in advance. The claimant refused to pay.
Court found in favor of landlord. ‘Equity looks on as done that which ought to be done’
The Judicature Acts 1873-1875 had fused the two separate legal systems of common law and equity into one system. When they have a conflict, equity shall prevail.
What is the significance of the Judicature Acts 1873-1875?
They fused equity and common law into one system. When the two have a conflict, equity rules.
The defendant agreed to grant the claimant the lease of a mill for seven years, the rent to be paid quarterly in arrears with a year’s rent payable in advance if demanded. The parties did not execute a deed for the grant of the tenancy, but the claimant moved in and paid rent quarterly in arrears. The defendant then demanded a year’s rent in advance. The claimant refused to pay.
Court found in favor of landlord. ‘Equity looks on as done that which ought to be done’
The Judicature Acts 1873-1875 had fused the two separate legal systems of common law and equity into one system. This was the first case brought after the fusion.
When they have a conflict, equity shall prevail.
Walsh v Lonsdale
