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11 Cards in this Set
- Front
- Back
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Intro |
In it's simplest form a licence is permission to enter upon land. It makes lawful what would otherwise be trespass. 3types exist; -Bare License -Licence Coupled With an Interest -A Contractual Licence |
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A Bare Licence |
A mere personal permission to be on land. It may be express or implied and is not dependent on interest. An example is the right of a child to reside in the Family Home, and also a postman, milkman, etc. Faulkner v Willets woman opened door to police officer and then walked back into the house, implied he had permission to follow her. Revocation can occur at any time without notice. He must then leave with all reasonable speed or he becomes a trespasser. DPP v Gaffney refused entry, but proceeded anyway to make an arrest. Trespass. Morris v Beardmore Gardaí trespassing order to obtain breathalsyer. Appeal upheld. |
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Contractual License |
Example; purchase of a cinema ticket. The contractual license provided the legal basis for coronation cases, as in Krell v Henry. The revocation of a contractual license depends on it's terms - Woods v Donnelly. Where there are no terms provided for, it can be done with reasonable notice as per Winter Garden Theatre and where revoked in breach of terms, remedies available Whipp v Mackey |
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Licence Coupled With an Interest |
Noted as the licence that cause the most problems at common law, most commonly a profit a prendre licence. It has no independent existence as a license, it is enforceable against successors in title, and it is irrevocable and assignable, but only as an adjunct of the interest with which it is coupled. Tanner v Tanner and McGill v S |
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Estoppel |
3 types; -By Representation (unambiguous representation as to existing fact causing another to act to his/her detriment Robertson v Minister for Pensions) -Promissory (High Trees) -Proprietary (operates as a result of encouragement) |
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Proprietary Estoppel |
Differs from promissory as; -it can arise outside of a contract -it can be used as a shield -it can bind 3rd P's
3 Necessary Elements; -Reliance -Assurance -Detriment
It can arise by cases of; -Imperfect gifts -Common expectation -Unilateral mistake |
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Imperfect Gifts |
These arise where a landowner allows another in his land but fails to take all the necessary steps to formalise the grant or gift. Notable exception to the usual equitable maxim that it equity will not perfect an imperfect gift. Dillwyn v Llewlyn father encouraged son to build house on land and signed memorandum but it was not sealed. HoL found son entitled to fee. Pascoe v Turner woman moved in as housekeeper, lived as man and wife. "The house is yours with everything in it". Court transferred fee to her, as she had not been paid in years. |
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Common Expectation |
Arise as a result of the expectation in the minds of both parties at the relevant time, and it would be unconscionable to allow one party to renege the agreement. Ramsden v Dyson "under a verbal agreement or what amounts to the same thing" the Court will give effect to that expectation following RAD. Plimmer v Mayor of Wellington expenditure of money on a jetty made the revocable licence irrevocable. Inwards v Baker father allowed son to build bungalow thinking he could remain there for life. Courts held that the son had acquired an interest against the father and his successors. |
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Unilateral Mistake |
Arises from an error on the part of 1 of the parties Willmott v Barbour 5 probanda; mistake, expenditure of money or some other act, owner aware of actual rights, aware of mistake, encouragement of expenditure. Taylor's Fashions 5 probanda not universally applicable, instead look at whether it would be unconscionable |
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Important English Cases |
Crabb v Arun DC right of access, upheld Greasley v Cooke 16y.o housekeeper, cared for disabled daughter of widower and lived with son as man and wife although never married. Detriment found as not paid from 1946, upheld interest. |
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Important Irish Cases |
Cullen v Cullen promised land to wife if she didn't admit him to pysch hospital, son built house after husband told wife he didn't care. Interest granted McMahon v Kerry Co Co plans to build secondary school, never did. Houses built on the land, tried to reclaim. Instead given market value Re JR left apartment to live with the a man she met in mental hospital. Assured she would have a home for life, interest granted |
