Weekly review: 11th – 15th March 2013

Agreement that tried but failed to create a lease

An agreement having the essential elements of a lease, that intended to create a lease valid at common law but which was not under seal can still take effect as an equitable lease (Parker v Taswell).

Leases: certainty of term

A lease is invalid if there is no certainty of term (Say v Smith).

Leases: contractual intention

Where the parties to an arrangement lack contractual intent there is no lease (Chan Yeung Kei v Chan Yeung Fai).

Leases: essential elements 

Exclusive possession and a certain term are the essential elements of a lease (Radaich v Smith and Best Sharp Development Ltd v Lucky Shoe Repairing & Key Duplication Centre).


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