Chapter 11 Multiple choice questions

. Which one of the following statements is FALSE?

A licence creates a personal interest between the licensor and the licensee

A person who has a licence to occupy land will never be able to enforce that licence against a third party

A licence can be distinguished from an easement since it does not require satisfaction of the four requirements under RE Ellenborough Park (1954)

A licence allows a person to enter on to the land of another without committing a trespass

. Which one of the following statements is FALSE?

A bare licence can be revoked at any time by the licensor

Upon revocation of a bare licence, the licensee must leave the licensor's land immediately

A bare licensee will become a trespasser as soon as he exceeds the scope of the bare licence that has been given to him

A bare licensee can never enforce his licence against a third party

. Which one of the following statements is TRUE?

Licences coupled with an interest allow the licensee to enter the land of the licensor for any purpose

A licence coupled with an interest can be revoked by the licensor at any time

The current position as to licences coupled with an interest is that the interest to which the licence is coupled must be proprietary in status

A licence coupled with an interest is enforceable only against the original licensor

. Which one of the following statements is TRUE?

A licensor can revoke a contractual licence at any time and when this occurs, the licensee must leave the licensor's land immediately.

Where a contractual licence has been given to occupy the licensor's land for a specified period of time, the licensor will not be able to revoke that licence until expiration of that time period.

Where a contractual licence has been given to occupy land for a specified purpose, but the licensee has not yet taken possession of the land, the licensor may be prevented from refusing entry by way of an order for specific performance.

The termination of a contractual licence will entitle the licensee to seek the remedy of forfeiture.

. In which case did Denning LJ view an opinion that contractual licences are binding upon third parties and thus have gained proprietary status?

Errington v Errington & Woods (1952)

King v David Allen & Sons (1916)

National Provincial Bank Ltd v Ainsworth (1965)

Verrall v Great Yarmouth BC (1981)

. Which one of the following most accurately describes the current view of a contractual licence?

Contractual licences can bind third parties and thus do have proprietary status.

Contractual licences can bind third parties but do not have proprietary status.

Contractual licences never bind third parties and do not have proprietary status.

Contractual licences may bind third parties where protected by an estoppel or a constructive trust, but will not bind alone.

. Which one of the following is NOT a key requirement to establishing an estoppel has arisen?

assurance

detrimental reliance

proportionality

unconscionability

. Which one of the following statements regarding the requirements establishing an equity by estoppel is FALSE?

The assurance given should relate to a property right.

There must be a causal link between the assurance and the reliance.

Whether a detriment has been suffered will be judged at the time the assurance was relied upon.

Unconscionability is seen as the central requirement.when establishing that an equity has arisen by estoppel.

. Which one of the following cases does NOT provide an example of what could amount to a detriment?

LCC v Allen (1914)

Inwards v Baker (1965)

Suggitt v Suggitt (2012)

Crabb v Arun DC (1976)

. Which one of the following statements is NOT true?

Section 115 LRA provides that an equity by estoppel has the effect, from the time of its creation, of being an interest capable of binding third parties.

An equity by estoppel will bind a purchaser of registered land, where it has been entered on the charges section of the register as a notice.

An equity by estoppel will not bind a purchaser of unregistered land where that purchaser is a bona fide purchaser for value of a legal estate without notice.

An equity by estoppel may bind a purchaser of registered land as an overriding interest under Sch 3 para 2.

Chapter 11 Multiple choice questions

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