LAWS 205 - Liscences - part 2

Front

What are the first three ways that a liscence can be create?

Back

A liscence can be created either orally, in a written document, or implictly in a case where the perofrmance of a contract by a party requires a liscence to be granted (e.g. an employer implicitly grants his employee a liscence to come and work on the property in exchange for money).

Front

Why is this?

Back

This is because a liscence does not grant an estate or interest in land and so does not need to be documented under s24 of the PLA 2007!

Front

Who cannot grant a liscence and why is this?

Back

A liscencee cannot grant a liscence because they do not have a right of exclusive possesion.

Front

Discuss the first way in which a liscecnce can be determined.

Back

The first way that a liscecence can be determined is after the expiration date of the liscence. This means that if there is an express provision in the liscence, stating when the liscence will expire, then after that date, the liscencor does not even have to give notice to the liscencee to leave, and any terms related to the obligations of the liscencor and liscencee, cease to exist.

Front

What if there is no express date of expiry in the contract?

Back

Then the court may need to determine as to what is a reasonable time for the liscencee to leave, based on the circumstances under which the liscence was granted.

Front

Discuss the second way in which a liscence can be determined.

Back

A liscence can be determined by the occurence of certain events. This means that where it would not make sense for the license to continue to exist, is where the license may be determined.

Front

Give an example of a liscnece being determined by the occurence of certain events, using case law.

Back

If the liscecor alinates his/her interest in the property by leasing it to a third party then it does not matter whether the alienation was involuntary or voluntary, the liscnece is determined upon alienation, as was held in the case of Gaston. This is because a liscence cannot bind third parties.

Front

Give another example of a liscnece being determined by the occurence of certain events, using case law.

Back

In the case of Scott, the court held that where the subject matter of the liscence ceases to exist, then the liscence is determined.

Front

Give one final example of a liscnece being determined by the occurence of certain events.

Back

If the liscecor dies, then (gennerally) the liscence will be determined, however, if the license is irrevocable, as determined by the courts, then the death of the liscecor may not determine the liscence.

Front

What is a condition subsequent?

Back

A condition subsequent is where, in order for the contract (e.g. a liscence) to continue to be effective, certain conditions need to be met after the contract has been formed, in order to sustain the effectiveness of the contract.