Licenses and Proprietary Estoppel

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  • Created by: 22rkhan
  • Created on: 23-04-24 12:07
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  • Licenses and PE
    • Intro
      • Enjoying right or privilege over land which belongs to another without any liability for trespass.      No exclusive possession-   You simply have the personal right to access/use the land on agreed terms.     limited, precarious, temporary, and personal
        • Thomas v Sorrell - 'dispensation of license passes no interest nor alters or transfers property.. only makes an action lawful
      • Types:
        • Contractual
          • Next best from lease, intent to create legal intents + consideration, express or implied
            • Tanner v Tanner - man permits mistress to live at his house with kids until they came of age, CA held implied contractual license (damages for breach)
          • Contractual: Revocable
            • Wood v Leadbitter - C bought ticket but evicted, held that reasonable so only damages
              • Thompson v Park - headmaster entered contract where permitted to share school with licensor, evicted, held that revocable as cannot order S.P whre 2 people cannot stay peacefully together
                • Irrevocable: Verrall v Yarmouth - Council under conservatives in contract to allow NF to hold annual conference, labor refused = Breach of contract and SP ordered as damages not adequate here (nowhere to host) = look at construction of contract, some cant be revoked on facts
            • Hurst v Picture - C went to film and forcefully evicted, held in his favour as coupled with interest (this is wrong, no property right)
              • Hurst v Picture and equity - Judicature Acts consider equity, injunction to restrain D from breach = Winter Garden implied term that cant be revoked (reversed)
        • Bare
          • license to occupy or use land with no consideration, can be revoked (wood v Leadbitter)
            • Reasonable time to leave: Winter Garden Theatre, Hampstead garden, Parker v Parker

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