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Austerberry v Oldham Corporation (1885)

Facts

  • Trustees had land conveyed to them, and in return, covenanted, on behalf of themselves and their heirs to keep the land in good repair (positive covenant)
  • They failed to do so

Issue

Decision

  • No

Reasoning

  • The common law will not impose obligations (to spend money) on third parties automatically, just as equity will not
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