Hurst v Picture Theatres Ltd
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Posted By lanbuk.com
- Facts
- Mr Hurst paid for a seat at a cinema. The manager, wrongly thinking he had not paid, had him removed. He sued for and .
- Issue
- Was he a once the cinema told him to leave?
- Held
- No. The Court of Appeal held that equity would have restrained the revocation of his , and that he was entitled to damages for the force used on him.
- Principle
- Where equity would stop a licensor breaking a contractual licence, the who is then ejected is not treated as a trespasser.
- Why it matters
- It does not turn the ticket into a lease. It stops the licensor using the old common law revocation to justify an assault.
Words and Latin in this note
- Contractual licence
- Permission to be on land given for consideration. Equity may stop the owner revoking it in breach of the contract. It is still not, by itself, a lease. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.