legal test lease + cancel lease

Question 1

elemts of a lease

Answer 1

1. grant exclusive possession
2. for a definitive term

Question 2

what is key didtinction between a lease and a lisence

Answer 2

R2IP - if tehre is not a lease there is a lisence which is a contraucal right
- lisnecs is a personal right where as a lease is a property right and it can bind third parties

Question 3

fatac

Answer 3

• lease reserves eclusive possession with limitiations limitng full exclusive use
• lisnces you can merely enter land to teh extent that is permitted by contract
• WHAT THE PARTIES HAVE AGREED TO IN SUBSTANCE NTO WHAT THEY NAMED IT

Question 4

fish and game

Answer 4

• pastorla leases granted or were they lsineces
• they were leases as there was extensive rights taken from the lessor
• no suggestion taht crown retained R2IP for itself

Question 5

cancnelation of a lease

Answer 5

• unpaid rent for 15 days
• convenat not performed for 15 days
• ## right to cancel

Question 6

requirements for cancellation

Answer 6

• send formal notcie of what they want to do and what the brech is
• must give time for tenant to remedy breach if capable
  -msut state what compenstaion landlord thinks is reaosnable
  -

Question 7

mulholland

Answer 7

mere suspicon of insolvency will not give right to cnacle

Question 8

sibrad

Answer 8

breaches of s argicultural lease
- lease was signiificant loss to tanant but the contant breaches were deliberate and effected neigbours so entitled to court to grnat relief
- must ocnisder both parties in decsion for if court to grant releif