Licences
a. Definitions
- License is defined as permission to make a particular use of A’s land
- Where B has a liberty to make use of A’s land, and this liberty is not a legal or an
equitable property right.
- Separated into:
o Bare licenses: Where A is not under a duty to B not to revoke the license
o Contractual licenses
b. Contractual Licenses
- Exists when
B has a liberty to make use of A’s land and
A is under a contractual duty to B not to revoke that liberty
- B thus has a personal, contractual right against A, but not against third parties such as
X (Hill v Tupper situation)
Winter Gardens
If license is not granted for a fixed period, A can revoke on reasonable notice to B
Verrall v Great Yarmouth BC
If A threatens to revoke the license in breach of contract, B can get an injunction against A
to prevent breach
Thomson v Park
Facts
- A and B combined their schools on A’s land
- Relationship between 2 parties broke down and A attempted to revoke the license of B
to remain at the school
- B forced his way back onto the premises and refused to leave
Held
- Court ruled that it could not specifically enforce an agreement for 2 people to live
peaceably under the same roof given the breakdown of their relationship
- B does have a legal right to be on A’s land, if a contract is found to exist
- Should A attempt to revoke the license and B remains on the land, B does not become
a trespasser and reasonable force cannot be used to eject him.
A needs to apply to court for an order that B must leave
- If B was not on the land, he cannot force his way back on when the license is revoked
and he can apply to the court for an order to be let on the land but he is unlikely to
obtain it given the contract is not specifically enforceable
- In both cases, B is entitled to damages
a. Definitions
- License is defined as permission to make a particular use of A’s land
- Where B has a liberty to make use of A’s land, and this liberty is not a legal or an
equitable property right.
- Separated into:
o Bare licenses: Where A is not under a duty to B not to revoke the license
o Contractual licenses
b. Contractual Licenses
- Exists when
B has a liberty to make use of A’s land and
A is under a contractual duty to B not to revoke that liberty
- B thus has a personal, contractual right against A, but not against third parties such as
X (Hill v Tupper situation)
Winter Gardens
If license is not granted for a fixed period, A can revoke on reasonable notice to B
Verrall v Great Yarmouth BC
If A threatens to revoke the license in breach of contract, B can get an injunction against A
to prevent breach
Thomson v Park
Facts
- A and B combined their schools on A’s land
- Relationship between 2 parties broke down and A attempted to revoke the license of B
to remain at the school
- B forced his way back onto the premises and refused to leave
Held
- Court ruled that it could not specifically enforce an agreement for 2 people to live
peaceably under the same roof given the breakdown of their relationship
- B does have a legal right to be on A’s land, if a contract is found to exist
- Should A attempt to revoke the license and B remains on the land, B does not become
a trespasser and reasonable force cannot be used to eject him.
A needs to apply to court for an order that B must leave
- If B was not on the land, he cannot force his way back on when the license is revoked
and he can apply to the court for an order to be let on the land but he is unlikely to
obtain it given the contract is not specifically enforceable
- In both cases, B is entitled to damages
