Principles of Private Law Notes – HD 90 out of 100 LAWS1150

Summary:

In the study of private law, the concepts of rights in rem (property rights) and rights in personam (contractual rights) play a crucial role. Licenses are permissions granted to individuals to engage in activities that would otherwise be considered trespass. There are two types of licenses: bare licenses and contractual licenses. A bare license does not involve a contractual relationship or consideration, and it is revocable at the will of the licensor. Once revoked, the licensee becomes a trespasser and can be removed with reasonable force. On the other hand, a contractual license is granted for good consideration and can be revoked at will, but the licensor may be liable for breach of contract. The licensee does not have exclusive possession of the property, which distinguishes a license from a lease. A license does not qualify as a proprietary right and is not enforceable against third parties unless it is coupled with a grant of a property interest. In such cases, the license must be in writing, signed by the party to be charged, and cannot be revoked as long as the specified operations continue. Equitable remedies, such as specific performance or injunctions, may be available if damages are not adequate. When it comes to property rights, the distinction between fixtures and chattels is important. The determination of whether an object is a fixture or chattel depends on the degree of annexation and the intention of affixing the object. Tenants generally have the right to remove fixtures during the lease, unless prohibited or upon surrendering the lease.

Excerpt:

HD 90 out of 100 LAWS1150

HD LAWS1150 Principles of Private Law Notes

Rights in Rem (Property) / Personam (Contracts)
Licenses – Permission to do something that would otherwise be trespass
– Right to occupy land, but no right to exclusive possession
” Not an interest in land
Bare License – E.g. landowner permits picnic
1. No contract
relationship
– No consideration – no contract
– Revocable at will (Wood v Leadbitter)
” Licensee becomes a trespasser after a reasonable time,
who can then be removed with reasonable force (McPhail v
Persons)