At Common Law, as no formal lease had been granted, Walsh was a tenant from year to year at a rent not payable in advance. Walsh argues that legal remedy of distress was not open to Lonsdale.
HELD : It was held by the Court of Appeal that, as the agreement was one of which the Court would order specific performance, and as Equity regarded. [4].
Defect's of common law.
At first the common law judges were quite prepared to develop the law in order to cover new situations. However, the judges gradually lost their flexible approach to the development of the law and several defects emerged. [5] The inflexibility of the writ system, and the consequent expense - if a writ had a minor drafting error, it would be thrown out, for example, in Pinnel's Case 1602, where Pinnel won as a result of Cole's drafting error, even though Cole was legally in the right. [6] The rules of procedure became disproportionately important.
In the courts of common law an action had to be commenced by writ and such a writ would only be issued if the facts of the case itself fell squarely within one of the recognized "forms of action". If the facts of a case fell even slightly outside such a "form" there would be no remedy. [7].
The common law system of pleading was complex and intricate. [8].
The common law courts were extremely slow. [9].
Bribery, corruption and an obsession with technicalities were commonplace. [10].
Finally, the only remedy available at common law was and remains damages - a remedy which may not provide the claimant with adequate compensation in all circumstances. [11] .
One case that can also proof of the defectiveness of common law which relates to law-making powers such as the case like Wallis v. Downard-Pickford (north Queensland) Pty Ltd (1994) 68 ALJR 395 which the facts was Wallis was having goods transported across Queensland by the defendant company. The goods suffered damage totaling $1663. The company admitted liability but argued that Queensland legislation limited their liability to the sum of $200.