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Analyze and critically discuss the legal aspect of relief in relation to the law of property
If there is a relevant breach and no operative waiver, the landlord may proceed to forfeit. However the ability to do so effectively is limited as the courts have jurisdiction to grant the tenant relief from forfeiture. This is an equitable jurisdiction, although now largely dependent upon statute.
It is part of equitys general jurisdiction to relieve against penalties and other means that the court may order the lease to continue where forfeiture is considered too drastic a remedy and disproportionate to the damage suffered by the landlord.
The question of relief is now governed by stat…
- Analyze and critically discuss the legal aspect of relief in relation to the law of property
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