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7 Cards in this Set
- Front
- Back
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Nature
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A licence to enter land which is ancillary to and necessary for the enjoyment of the grant of an interest.
There is no doubt that the interest with which a licence may be coupled includes a proprietary interest whether in land or other property (such as cut timber). There is some doubt whether it includes anything else. |
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James Jones & Sons Ltd v Earl of Tankerville
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P entered into two contracts with the defendant to purchase timber growing on his land. The contracts provided for various operations on D’s land so that P could chop down and remove the timber. D removed P and damaged the machinery on his land pursuant to the contracts, The plaintiff sought an injunction and damages.
Held: There has to be a licence. Injunction granted, not just damages. |
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Hurst v Picture Theatres Ltd [1915]
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Mr Hurst bought a ticket for 17 March 1913 screening of Lake Garden on High St Ken, run by Picture Theatres Ltd, but the manager honestly believed he had not paid for his seat. He was forced to leave, and then he claimed trespass to the person. The theatre argued that even though the licence was revoked in breach of contract, that did not change that Mr Hurst became a trespasser and reasonable force could be used to remove him.
Channell J held Mr Hurst could get damages. Buckley LJ: They committed an assault upon him in law. It was not of a violent kind, because, like a wise man, [B] gave way to superior force and left the theatre… it was for the jury to give him such a sum as was right for the assault which was committed upon him, and for the serious indignity to a gentleman of being seized and treated in this way in a place of public resort. |
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Creation
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In relation to all these issues the licence is dependent on the interest.
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Effect
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In relation to all these issues the licence is dependent on the interest.
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Successors
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In relation to all these issues the licence is dependent on the interest.
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Can it be an interest?
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Licence in itself is not an interest. The only reason it has a greater effect is BECAUSE of the interest it is coupled with.
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