License

Question 1

License :

Answer 1

Permission given by owner of interest in land to enter his or her land

Can be implicit or explicitly granted under contract

Question 2

Implied license

Answer 2

Tanner v Tanner

Defendant - birthed twins
Father - purchased house for mother and twins
Later- father tried to get mother and twins to vacate house
Defendant refused—- claimed — implied right to stay there until twine finished schooling

License to reside on property

Court held- yes given the circumstances

Question 3

Recognition of license :

Hurst v picture theatres ltd

Answer 3

Plaintiff — removed from cinema under mistaken belief her not paid for admission

Held - plaintiff not trespassing and licnese created by contract

Not in breach of license

Question 4

Revocation of licenses

Answer 4

Governed by terms of contract

Where terms expressly included in contract —- reasonable notice should be served and reasonable time to vacate premises

Question 5

Injunction

Answer 5

Licensor can be prevented by injunction

Winter garden theatre london ltd
V
millennium productions ltd

License via contract- to hold plays and concerts in theater owned by defendant

Injunction obtained to restrain breach of contract where licence revoked in breach of its terms

Question 6

Transferability of contractual licenses

Answer 6

Depends on the contract itself

If contract purely personal — cannot be transferred

3 stages original, modern

1) original position — could not be transferred so as to bind parties

However, this could bring about injustice as

Licensor could avoid his obligations under that license by simply transferring property

Question 7

Licence as equity

Answer 7

Errington

House

Question 8

Modern position

Answer 8

Binions v Evans