Is there a case made out for declaring the consideration for the lease to have failed so as to bring it within the class of cases where the subject matter could be treated as non-existent?
Ontario, Canada
The following excerpt is from Wallbridge v. Gaujot, 1887 CanLII 22 (ON CA):
In conclusion, I am of opinion that there is no case made out for declaring the consideration for the lease to have failed so as to bring it within the class of cases where the subject matter could be treated as non-existent. It is as is laid down in Gowan v. Christie, the case of “a peril or risk undertaken by the lessee of the quantity and the value of the subject matter, but he is not at the risk of the being or existence of it.” There was iron ore raised under the lease and there is ore there still, but not worth working.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law or case law that states that parties are not aware of the effect of the case on the other side? (Ontario, Canada)
What is the legal test for establishing that a contract for a lease is enforceable by stating that the lease will commence at the date of substantial completion of the leased premises? (Ontario, Canada)
Is there any case law where an applicant has abandoned a claim at a settlement conference to bring the case closer to settlement? (Ontario, Canada)
Is there any case law concerning class indeterminacy and take-up of a class action? (Ontario, Canada)
Does the ability of the unsuccessful litigant to pay the quantum of costs in a personal injury case matter matter? (Ontario, Canada)
What is the criteria for certification of a class A class B class B claim? (Ontario, Canada)
Is it possible to establish an ad hoc fiduciary relationship without an individual case-by-case analysis of the individual Class Member’s financial circumstances? (Ontario, Canada)
What is the case law on expert testimony in medical malpractice cases? (Ontario, Canada)
How have the authorities of the Federal Court treated the argument in this matter? (Ontario, Canada)
What is the test for treating a person who is personally named as a respondent in a medical malpractice case? (Ontario, Canada)
