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Walsh V Lonsdale
''Walsh v Lonsdale'' (1882) 21 Ch D 9 is an English property law case about the effect of the Judicature Acts. It is the authority for the equitable maxim that "Equity regards as done that which ought to be done". It created the doctrine of anticipation, whereby a specifically performable agreement to create or transfer a property right will be good in equity, even if not finally effective at law. Facts of the case Mr Lonsdale agreed to lease Mr Walsh a mill for seven years. Rent varied with the number of looms being operated, but there was a minimum dead rent paid yearly in advance on demand. The lease was not in fact granted by deed (as was required for leases over three years), yet Mr Walsh moved in and began paying rent quarterly. Mr Lonsdale demanded payment in advance and levied distress for non payment of rent. If the terms of the agreement were enforceable, then Mr Lonsdale had acted lawfully. Judgment The Court of Appeal held that as it now had jurisdiction to apply equit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77), with a further series of amending acts (12 in all by 1899). By the Act of 1873 (ss. 3, 4), the Court of Chancery, the Court of King's Bench (known as the Queen's Bench when there is a female Sovereign), the Court of Common Pleas, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court of Divorce and Matrimonial Causes were consolidated into the Supreme Court of Judicature, subdivided into two courts: the "High Court of Justice" ("High Court"), with (broadly speaking) original jurisdiction, and the "Court of Appeal". Besides this restructuring, the objects of the act were threefold: *t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deed
In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin. The traditional phrase ''signed, sealed and delivered'' refers to the practice of seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or ''specialty''; in the United States, a specialty is en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maxims Of Equity
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin. Role of maxims Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be derived from in spe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1882 In British Law
Year 188 (CLXXXVIII) was a leap year starting on Monday of the Julian calendar. At the time, it was known in the Roman Empire as the Year of the Consulship of Fuscianus and Silanus (or, less frequently, year 941 ''Ab urbe condita''). The denomination 188 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Publius Helvius Pertinax becomes pro-consul of Africa from 188 to 189. Japan * Queen Himiko (or Shingi Waō) begins her reign in Japan (until 248). Births * April 4 – Caracalla (or Antoninus), Roman emperor (d. 217) * Lu Ji (or Gongji), Chinese official and politician (d. 219) * Sun Shao, Chinese general of the Eastern Wu state (d. 241) Deaths * March 17 – Julian, pope and patriarch of Alexandria * Fa Zhen (or Gaoqing), Chinese scholar (b. AD 100) * Lucius Antistius Burrus, Roman politician (executed) * Ma Xiang, Chine ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1882 In Case Law
Year 188 (CLXXXVIII) was a leap year starting on Monday of the Julian calendar. At the time, it was known in the Roman Empire as the Year of the Consulship of Fuscianus and Silanus (or, less frequently, year 941 ''Ab urbe condita''). The denomination 188 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Pertinax, Publius Helvius Pertinax becomes pro-consul of Africa (Roman province), Africa from 188 to 189. Japan * Queen Himiko (queen), Himiko (or Shingi Waō) begins her reign in Japan (until 248). Births * April 4 – Caracalla (or Antoninus), Roman emperor (d. 217) * Lu Ji (Gongji), Lu Ji (or Gongji), Chinese official and politician (d. 219) * Sun Shao (general), Sun Shao, Chinese general of the Eastern Wu state (d. 241) Deaths * March 17 – Pope Julian of Alexandria, Julian, pope and patriarch of Alexandria * Fa Zhen (or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
