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


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