LAWS 205 - Liscences part 3

Front

What does estopell mean?

Back

Estopell means to prevent/prohibit.

Front

In which type of liscence is estopell typically used and how?

Back

Estopell is primarliy used in contractual liscences as an arguement by the liscencee that it would be unconcionable for the liscencor to excercise their powerful rights under the common law (e.g. the right to revoke the liscence of the liscencee).

Front

Why is estopell primarliy used in contractual license and not bare liscence?

Back

Because unlike with a bare liscence, a contractual liscence does require valuable consideration from both parties in order to be enforceable.

Front

What is the most important factor to consider when a court is determing, wether or not the estopell arguement should be successful?

Back

The most important factor to consider is, wether it would be unconcionable for the liscencee to revoke the liscecnce.

Front

Define the principle of unconcionability using case law.

Back

In the case of Hancock, the court held that if revocation would lead to the liscencee suffering a detriment (e.g. loss of the valuable consideration that the liscencee paid) then that will constitute as unconcianablility , and in such cases, the court may estop the liscecor from revoking the liscence.