University : Western Sydney University UniLearnO is not sponsored or endorsed by this college or university.
Country : Australia
Assignment Task :

Exclusive Possession
There must be a grant of exclusive possession. Radaich v Smith (1959) 101 CLR 209
Smith executed a deed which ostensibly gave Radiach a licence to use certain premises.
Radiach argued that the deed was in fact a lease as opposed to a mere licence, despite the fact that the deed used the words 'licence' etc as opposed to 'lease' etc.
The relationship created in the instrument is determined by the rights the parties have created and not the label the parties choose to put on it - the parties cannot
hide behind labels and wording.
This means that if the instrument labels the parties as licensee and licensor but the rights created are those of lessee and lessor, then a lease as opposed
to a license in fact exists.

The distinguishing feature between a license and a lease is exclusive possession. If there is exclusive possession, there is a lease as opposed to a licence.
The instrument does not always explicitly specify whether there is exclusive possession, and in such cases it will be necessary to infer the parties' intention from
the instrument.
Again, the actual conduct of the parties (ie, the other rights given etc) will be more important than the words they used.

In this case, it seems like the intention of the parties was that the 'licensee' be given exclusive possession.
Accordingly, the instrument was a lease and not a licence, despite the language to the contrary.

 

This Law Assignment has been solved by our Law Experts at UniLearnO. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.

  • Uploaded By : Grace
  • Posted on : August 19th, 2018
  • Downloads : 299

Whatsapp Tap to ChatGet instant assistance