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Licences Notes

This is a sample of our (approximately) 3 page long Licences notes, which we sell as part of the Irish Land Law Notes collection, a 2.2 package written at Trinity College Dublin in 2008 that contains (approximately) 51 pages of notes across 12 different documents.

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Licences Revision

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Licences

A licence is a permission which entitles one person to enter the land of another. Bare Licence

Thomas v Sorrell - the grant of a licence does not transfer any interest or estate in
the land to the licencee. Wood v Leadbitter - a parol licence is revocable at any time Greater London Council v Jenkins (CA) - held to be a contractual as opposed to a
bare licence due to a condition requiring the property be inspected by the
defendants during their occupation. Licence Coupled with an Interest

This licence arises when somebody is given an interest in land (e.g. right to cut
trees) and is required in order to allow the person to exploit his interest (James
Jones & Sons v Earl of Tankerville) Gilmore v The O'Conor Don (SC) - a life tenant could only grant a licence couple
with an interest in cutting down and removing trees for his life and the licence
expires after his death. Frogley v Lovelace (Ch) - a specifically enforceable contract setting up a licence
coupled with in an interest will allow the plaintiff to obtain an injunction.
Hurst v Picture Theatres (CA) - a plaintiff who was removed from a cinema on
foot of the mistake belief that he had not paid successfully sued for assault - he
was not a trespasser and his licence could not be revoked if supported by
consideration Contractual Licence

Whipp v Mackey (SC) - a licensor can be prevented revoking a licence where this
would be a breach of contract Winter Garden Theatre v Millenium Productions (HoL) - agreed with the
principle that a licence cannot be considered separately from the contract which
created it - their terms are the same Hounslow LBC v Twickenham Garden Developments (Ch) - it was held to be a
term of a contract for the construction of buildings not to revoke any licences
except in accordance with the contract Tanner v Tanner (CA)

• the defendant lived with the plaintiff who was the father of her daughters

• after he went to live with another woman he purported to revoke her licence

• the court (Lord Denning) held that a contractual licence could be implied from
the circumstances, though there are problems with the certainty of contractual
terms McGill v S (HC)

• the parties had been co­habiting and during this time constructed a house in
Ireland

• The court decline to follow Tanner as it was not founded on any clear
principle nor was it possible to ascertain when or how the licence came into
being Chandler v Kerley (CA) - Tanner followed, but less expansively - an actual
contract existed (defendants sold house to plaintiff cheaply in exchange for
licence to live there) and the licence was to be determinable on reasonable notice. Hardwick v Johnson (CA)

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