Walsh v Lonsdale
E628503
Court of Appeal of England and Wales decision
English court case
contract law case
property law case
Walsh v Lonsdale is an English contract and property law case that established the principle that equity regards as done that which ought to be done, allowing equitable leases to be treated as if they were legal leases.
Statements (43)
| Predicate | Object |
|---|---|
| instanceOf |
Court of Appeal of England and Wales decision
ⓘ
English court case ⓘ contract law case ⓘ property law case ⓘ |
| appliesTo | agreements for lease that satisfy requirements for specific performance ⓘ |
| areaOfLaw |
English contract law
ⓘ
English property law ⓘ equity ⓘ |
| citation | (1882) 21 Ch D 9 ⓘ |
| country | United Kingdom ⓘ |
| court | Court of Appeal of England and Wales NERFINISHED ⓘ |
| decision | the distress for rent in advance was lawful in equity ⓘ |
| effectOnLandlord | landlord may exercise rights consistent with the terms of the equitable lease ⓘ |
| effectOnTenant | tenant is bound by lease covenants as if a legal lease had been granted ⓘ |
| fact |
the agreement for lease was specifically enforceable in equity
ⓘ
the landlord distrained for rent in advance under the terms of the agreement ⓘ the parties had only an agreement for a lease, not a formal legal lease deed ⓘ |
| holdsThat |
a tenant under an equitable lease is treated in equity as if holding under a legal lease
ⓘ
an agreement for a lease that is specifically enforceable creates an equitable lease ⓘ |
| influenced |
development of the doctrine of equitable leases in English law
ⓘ
treatment of agreements for lease after the Judicature Acts ⓘ |
| judge | Jessel MR NERFINISHED ⓘ |
| jurisdiction | England and Wales ⓘ |
| keyPhrase | equity regards as done that which ought to be done ⓘ |
| leadingJudge | Jessel MR NERFINISHED ⓘ |
| legalPrinciple |
equitable lease treated as legal lease in equity
ⓘ
equity regards as done that which ought to be done ⓘ where there is a specifically enforceable agreement to grant a lease, equity treats the lessee as if the lease had been granted ⓘ |
| overruledDoctrine | strict separation between legal and equitable leases in remedies ⓘ |
| party |
Lonsdale
NERFINISHED
ⓘ
Walsh NERFINISHED ⓘ |
| relatedConcept |
distress for rent
ⓘ
equitable lease ⓘ merger of law and equity under the Judicature Acts ⓘ specific performance ⓘ |
| requires |
a valid and enforceable contract for a lease
ⓘ
compliance with formalities such as those in the Statute of Frauds or Law of Property legislation ⓘ |
| statusInLaw | leading authority on equitable leases in English law ⓘ |
| statusInTeaching | commonly taught case in English contract and property law courses ⓘ |
| subjectMatter |
agreement for a seven-year lease of a mill
ⓘ
distress for rent ⓘ payment of rent in advance ⓘ |
| yearDecided | 1882 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.