* not completed

. Which one of the following statements as to licences is incorrect?

Licences create personal interests between the licensor and the licensee. correct incorrect

Licences operate to render lawful that which might otherwise constitute a trespass on someone else's land. correct incorrect

The nature and extent of the rights conferred by a licensor to a licensee are determined by having regard to the specific terms of the licence. correct incorrect

Licences can only be created expressly and in writing. correct incorrect

* not completed

. Which one of the following statements best describes a bare licence?

A permission to enter another's land to remove something from that land. correct incorrect

A permission to enter or use land arising from the operation of proprietary estoppel. correct incorrect

A permission to enter or be present on another's land. correct incorrect

A permission to enter or use land resulting from an implied or express contract. correct incorrect

* not completed

. Despite the classic statement of licences as purely personal interests, are there any circumstances when a contractual licence will be binding on third parties? Select the correct statement out of the following.

Manchester Airport Plc v Dutton (1999) establishes that contractual licences will always be binding on third parties. correct incorrect

After Ashburn Anstalt v Arnold (1989), contractual licences will never be binding on third parties. correct incorrect

Contractual licences will only be binding on third parties in the circumstances laid down by Lord Denning in Errington v Errington (1952) and DHN Food Distributors Ltd v Tower Hamlets LBC (1976). correct incorrect

A contractual licence will bind a third party if the court finds that the third party's conscience is affected such that a constructive trust arises. correct incorrect

* not completed

. As regards the revocation of contractual licences, which one of the following statements is incorrect?

At common law, contractual licences are revocable at any time by the licensor but such revocation will entitle the licensee to an action for damages for breach of contract. correct incorrect

Quite apart from the common law, equity is prepared, in certain circumstances, to imply a term into the contract so as to regulate or even prevent revocation. correct incorrect

Contractual licences for a defined purpose or event will be irrevocable until that purpose or event has come to an end. correct incorrect

Contractual licences that are shorter in duration and clearly not intended to be perpetual but provide for no fixed duration or no term as to how the licence is to be determined will be revocable on the giving of reasonable notice. correct incorrect

If a term of non-revocation is implied, the party seeking to enforce the licence will be automatically entitled to an order for specific performance. correct incorrect

* not completed

. In which two cases were the traditional, more restrictively-drawn principles of proprietary estoppel established?

King and Clore correct incorrect

Stack and Jones correct incorrect

Ramsden and Willmott correct incorrect

Taylors Fashions and Thorner correct incorrect

* not completed

. According to Oliver J in Taylors Fashions v Liverpool Victoria Trustees (1982), there are four essential requirements to a modern claim to proprietary estoppel. Which of the following is not one of these modern principles?

An assurance or representation was made to the claimant as to her property rights correct incorrect

The assurance was reasonably relied upon by the claimant correct incorrect

The claimant suffered detriment in relying upon the assurance correct incorrect

The claimant had made a mistake as to her legal rights correct incorrect

It would be unconscionable to deny the claimant's claim correct incorrect

* not completed

. As to the quality of the assurance required to found a claim to proprietary estoppel, in which case did the court confirm that the assurance need be 'clear enough'?

Yaxley v Gotts (2000) correct incorrect

Gillett v Holt (2002) correct incorrect

Cobbe v Yeoman's Row Management Ltd (2008) correct incorrect

Thorner v Major (2009) correct incorrect

* not completed

. As regards the requirement(s) for reliance and detriment (sometimes conflated into 'detrimental reliance'), which of the following statements is incorrect?

Reliance involves demonstrating that the claimant was induced to act differently because of the assurance made. correct incorrect

The case of Greasley v Cooke (1980) establishes a 'presumption of reliance' whereby the claimant will be presumed to have relied upon an assurance or representation made if a clear assurance was made, was intended to influence the mind of the claimant, and would have influenced the mind of a reasonable person. correct incorrect

A claimant must establish that, were the landowner to assert its strict legal rights, the claimant would suffer detriment as a result of relying on that landowner's assurance. correct incorrect

The assurance or representation must be the sole inducement for the claimant's change of position correct incorrect

* not completed

. Which one of the following statements best describes the role and operation of unconscionability in a claim for proprietary estoppel?

Unconscionability alone is the basis for the award of a remedy. correct incorrect

Unconscionability is defined in statute and is applied by the courts as the final, concrete step in assessing a claim to proprietary estoppel. correct incorrect

Unconscionability is regarded as 'unifying and confirming' the other elements and is not strictly a discrete requirement but an overarching element. correct incorrect

Fortunately, there is now broad consensus both from the court and the academic community as to the status and meaning of unconscionability. correct incorrect

Unconscionability is a narrow and restrained concept. correct incorrect

* not completed

. Which statutory provision provides that, from the moment an estoppel (often called an 'inchoate equity') arises, that inchoate equity is capable of binding third parties (subject to the usual priority rules)?

S 116 of the LRA 2002 correct incorrect

S 116 of TOLATA 1996 correct incorrect

S 116 of the LCA 1972 correct incorrect

S 116 of the LPA 1925 correct incorrect