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).

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: