Chapter 7 Matching activity

The classic case in which Vaughan CJ who observed that a licence ‘properly passeth no interest, nor alters or transfers property in anything but only makes an action lawful, which without it had been unlawful.’

The House of Lords case that confirmed the traditional position that a contractual licence is a purely personal interest and as a matter of contract law binds only those parties to the contract.

The case in which Fox LJ rejected Lord Denning’s earlier attempts to elevate the contractual licence to proprietary status and returned the law to its orthodox position; namely that contractual licences are personal rights.

The case demonstrating that a contractual licence may be implied in a domestic context where there has been relationship breakdown.

The case which provides a classic example of a ‘licence coupled with an interest’; in this case to enter another’s land to cut, take away and sell timber.

The House of Lords case which confirmed that where there is no express term as to how a contractual licence is to be determined, the court will imply a term, in equity, as is appropriate.