common law v equity

Question 1

Position at common law

Answer 1

Wherever there is a conflict between equity and common law where the doctrine of Walsh v Lonsdale is operating, equity shall prevail.

Question 2

where else does walsh apply

Answer 2

also applies to the sale of a fee simple estate, such that inIndustrial Properties v AEI, where a covenant under a lease was broken after being granted following a defective sale of the fee simple estate, the doctrine was applied twice: once to the sale of the fee simple, then again to the lease, to allow the term breached to be enforced.

Question 3

When will walsh and Lonsdale only apply

Answer 3

It should be remembered, however, that the doctrine will only apply to correct formalities within the lease, as confirmed inBerrisford v Mexfield Housing Co-operative

Question 4

Disadvantage of walsh

Answer 4

The substantial disadvantage with relying of the doctrine ofWalsh v Lonsdale is that the benefits of land leased, under s 62 LPA 1925, will not pass to lessee.