Topic 4 - Doctrine of Anticipation
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Formalities.
s.2(1) LP(MP) A - Contract in signed writing - Must be specifically enforceable
Walsh v Lonsdale
"Equity sees as done that which ought to be done" - Entered into valid contract but lease never granted, still valid
Right arising.
- Depends on the right A was grantign to B
Limits.
- Does not apply to contractual promises - Must comply with formalities (if not look to PE)
Definition.
- Where A is under a duty to grant B a property right equity anticipates this by regarding B as already having that right
