The Doctrine of Pretence | Land Law
Subscribe to my personal channel for videos on how to study law effectively & efficiently: / @heygarethevans “Although the Rent Acts must not be allowed to alter or influence the construction of an agreement, the court should, in my opinion, be astute to detect and frustrate sham devices and artificial transactions whose only object is to disguise the grant of a tenancy and to evade the Rent Acts.” The House of Lords held that a contractual provision is a “pretence” if: i. It does not reflect “the substance and reality” of the transaction (per Lord Ackner at 466) ii. It was “never seriously intended in fact” (per Lord Oliver at 469) iii. The parties do not regard it as a provision “to which any effect would be given” (per Lord Jauncey at 475) If you have any questions drop me a message below 👍🏻 ------------------------------- Hey! If you’re new to the channel… my name is Gareth Evans I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information. I want to show you that anyone can achieve their learning goals and live their dream life. Read from our website: https://digestiblenotes.com ------------------------------- SEE MY VIDEO ON INTRODUCTION TO PRETENCE ➡️ • Introduction to Pretence | Land Law If you liked this blog post you may like my website post on 'Pretence': https://digestiblenotes.com/law/land/...
