LICENCES Flashcards
1
Q
LICENCE
A
- personal right which is non-binding on future owners and can be ended with reasonable notice
- gray and gray: a device which performs many functions
- versatile and flexible interest in the land
- Thomas v sorrell (makes something lawful which would be unlawful)
- is a liberty to make use of another’s land that liberty is not a part of a proprietary right
Eg going to the cinema, postman delivery a letter
2
Q
BARE LICENCE
A
- permission to enter the land and carry out some activity
- voluntarily given by owner who receives nothing for it
- giving a licence is gratuitous (no consideration)
- no contract just permission
- no particular form needed
- can be verbal or implied
- only lasts as long as licensor wishes
- can be terminated through reasonable notice (robson v hallet) for reasonable test look at facts of case
- licensee has no claim in damages
- bare licence is not an interest in land
- incapable of binding
3
Q
CONTRACTUAL LICENCE
A
- only differ to bare licences due to consideration
- there will be a contract
- governed by contract law
- no particular formality (verbal implied written)
- not contracts for the disposition of an interest in land
- do not have to meet requirements of s.2 LPA
- not required to be in writing or signed
- Tanner v Tanner implied contractual license which mr Tanner breached
- horrocks v foray no contract was found to exist on similar facts no consideration given
