Can a lease be granted in ignorance of the amount of coal under the surface?
Ontario, Canada
The following excerpt is from Wallbridge v. Gaujot, 1887 CanLII 22 (ON CA):
In Mellers v. Duke of Devonshire, 16 Beav. 252, the Master of the Rolls says: “That the lease was granted in ignorance of the amount of coal under the surface there can be no doubt, but such is the case in all mining leases; it is always a speculation; both the lessor and the lessee are equally ignorant of the amount of coal which may be gotten, and they provide for these circumstances.”
"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
Can a court grant relief from forfeiture and return possession of a leased premises to a landlord who has re-entered and repossessed the Leased Premises? (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)
Can a landlord who has breached a lease agreement with a tenant sue the landlord for breach of the lease agreement for damages? (Ontario, Canada)
What are the implications of granting a grant for a prescription? (Ontario, Canada)
Can a tenant who covenanted to a lease with a landlord demand a renewal of the lease on behalf of the landlord? (Ontario, Canada)
What is the test for granting an interim restraining order on the basis that there would be no harm in granting the order? (Ontario, Canada)
In what circumstances will a court grant leave and certification under the CPA and also grant leave to proceed under Part XXIII of the Securities Act? (Ontario, Canada)
Can a party who votes in favour of a grant for a local festival receive any pecuniary interest in the grant? (Ontario, Canada)
What is the test for granting a restraining order on the basis that there would be no harm in granting the order? (Ontario, Canada)
In what circumstances will a court grant summary judgment against a plaintiff for an improvident sale? (Ontario, Canada)
