Licences
- Created by: Katie Woolnough
- Created on: 25-05-17 00:32
View mindmap
- Licences
- Protection by Constructive Trust
- Binions v Evans - the party buys subject to the licensee's rights and pays a reduced price.
- Denning: constructive trust
- Smith: could be criticised as the right recognised here was not actually proprietary so it isn't strictly analogous to licences.
- Chattey v Farndale - will only be upheld where the purchaser promises to respect the estate contract
- Binions v Evans - the party buys subject to the licensee's rights and pays a reduced price.
- Types of Licence
- Bare Licence
- Simple permission to enter lad which can be revoked at any time, but the licensee must be given reasonable time in which to leave
- Contractual Licence
- Irrevocable
- Verral v Great Yarmouth - National Front & pavilion. Specific performance was ordered as damages would be inadequate (there was no alternative venue)
- Winter Garden Threatre - Lord Greene (CA) licence was part of the contract and subject to normal contractual rules. (HL) not part of the contract -intended to be revocable.
- Revocable
- Hounslow v Twickenham Garden developments D completing garden work on C's garden and C wanted to evict. Claim failed as D should not be able to use equity to break his contractual obligations
- Revocable
- Hardwick v Johnson - pay £7 p/w to purchase price (3% return for the mother p/a). Little legal justification for enforcing the bargain indefinitely
- Wood v Loadbitter - a licensor can terminate even if doing so will breach the contract as the licence operates separately to the contract. There may be remedy for breach but that is all.
- Irrevocable
- Bare Licence
- Creation and Transfer of Licences
- Creates a personal right
- No formality requirements necessary
- Frustration will apply
- Krell v Henry
- Obligations may be implied into the licence - not a normal practice
- Wettern Electric - implied a term that the property be "fit for use"
- Enforcing Rights Against Third Parties
- The licensee as against a purchaser
- A licensee can usually enforce rights against the licensor but there is no privity of contract with a purchaser - if they ARE bound then this would be found in equity.
- Early Cases
- King - HL: a licence to put an advert on the wall did not bind the lessee from the licensor.
- Clore - front of house selling refreshments - thought they had a lease. Was actually a licence and personal contracts are not capable of binding
- Modern Development
- Errington - the successor in title was bound. There was an estate contract.
- Denning: infusing equity gives licences a force of their own. Only a purchaser for consideration without notice would overrule.
- NPB v Ainsworth - equity will only bind where there is a proprietary interest. The deserted wife's equity isn't an interest, and certainly not capable of binding.
- Ashburn Anstalt v Arnold - the licensee sells subject to a licence to retain the shop rent free until re- development.
- LRA 2002 Section 116 - possible rout for tackling Ashburn:
- A mere equity is capable of binding purchasers. Equitable remedy is available for those holding a contractual licence so it could be a mere equity (restores Ainsworth)
- Fox: you cannot effect successors to title
- LRA 2002 Section 116 - possible rout for tackling Ashburn:
- Errington - the successor in title was bound. There was an estate contract.
- Statutory Development
- LPA 1925 Section 4(1) - an equitable interest will only be validly created when...
- LRA 2002 Section 116 - possible rout for tackling Ashburn:
- A mere equity is capable of binding purchasers. Equitable remedy is available for those holding a contractual licence so it could be a mere equity (restores Ainsworth)
- LRA 2002 Section 116 - possible rout for tackling Ashburn:
- LPA 1925 Section 4(1) - an equitable interest will only be validly created when...
- The licensee as against a trepasser
- Hill v Tupper - right for boats on the river - not enforceable for trespass
- Manchester Airport v Doulton - if in exclusive possession then they might find
- Hill v Tupper - right for boats on the river - not enforceable for trespass
- The licensee for nuisance
- Hunter v Canary Wharf - licensee generally cannot sue, but you may be able to if you are in exclusive possession
- The licensee as against a purchaser
- Protection by Constructive Trust
Comments
No comments have yet been made