LAWS 205 - Bare Liscences.

Front

What is the weakest and most informal type of license, and why is this?

Back

A bare liscence is the weakest and most informal type of liscence, because, as was held in the case of Thomas, a bare licence can be revoked at a whim, by the liscencor.

Front

What are the two situations in which a bare liscence can be granted.

Back

Bare liscences can be granted expressly (e.g. an invitation to a party) or implicitly.

Front

What is an implicit liscence?

Back

An implicit liscence, is where the liscencor has not expressly granted a liscence, but there is an implication at law that anyone can come onto the property for the specific purpose of communicating with the liscencor.

Front

When can a liscence be revoked and why is this?

Back

In the cases of Develin, the court held that there must be some purpose behind the liscencee entering onto the property, and that purpose must be adhered to, otherwise the liscence can be revoked

Front

Describe a situation in which a member of the public does not have an implicit liscence to enter onto the liscencees property, and give authority for this.

Back

If the liscencor, puts up a fence, has gaurd dogs etc., then that may eradicate the implict right of the public to come onto the liscencors property, as was held in the case of Robson.

Front

How are implict liscences granted to the police?

Back

In a case where a criminal is in the process of being apprehended by the police, and they enter into the licensor's property, the police have an implicit right to come in and arrest the criminal.

Front

What is another way in which a liscence can be strenthened?

Back

If a liscence is supplemented by an interest, then that can streghthen the liscence.

Front

Describe a situation in which a liscence can be strenthed by being suplemented by an interest.

Back

In a case where the licensor has too many deer or too much produce inhabiting/ growing on their property, they can grant a license to hunters/harvesters, coupled with an interest to come in and hunt/ harvest on the property. In such a case, the court may deem the license irrevocable until the hunters/harvesters have completed hunting/harvesting.