Tutorial by Dr Lucas Alcolea (University of Otago)
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A brief history of licences over land: from contract to property and back again ?This presentation will briefly outline the three stages of the law as regards contractual licences: orthodoxy which regarded licences as purely personal rights, Denning who transformed certain licences into proprietary or quasi-proprietary rights, and the ‘return to orthodoxy’, before noting that they have continued to experience significant remedial growth even in their new orthodox era.
Thus, courts in England and Australasia have been willing to grant licensees relief from forfeiture, specific performance, injunctive relief, and the ability to bring trespass claims, despite the fact that these remedies were traditionally restricted to proprietary rights, specifically leases.
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Tutorial by Dr Lucas Alcolea (University of Otago)
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