Voluntary waste

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(1882) LR 21 ChD 9 (CA). The plaintiff obtained from the defendant an agreement to grant the Lease of a mill, but the formalities for the creation of a lease were never completed. When the plaintiff defaulted on his payments, the defendant attempted to recover his losses by Distraint. The plaintiff sought an injuction to prevent the distraint on the basis that, since no lease had been granted, he was not bound by its provisions. The Court of Appeal held that since it could (since the Judicature Acts) exercise the remedies of Equity, it could apply the principles of equity. Since 'equity takes as done that which ought to be done', the Court was prepared to treat the lease as having been granted. The Walsh v Lonsdale principle is now embodied in the recognition by the courts of the equitable lease, EquitableMortgage, andequitable easement.

Land and Property Law