This chapter discusses the nature, status, and characteristics of licences. It explores the different types of licences that exist; what makes them distinct from other interests in land law, and how they can be brought to an end. Licences in land arise when the owner of land grants to another person, who may or may not own any land themselves, permission to use that land for a given purpose. A licence is therefore a permission to enter or do something on another’s land. The person granting the licence is the ‘licensor’ while the party to whom the licence is granted the ‘licensee’.
Chapter
7. Licences
Chapter
7. Licences
This chapter discusses the nature, status, and characteristics of licences; the different types of licences that exist; what makes them distinct from other interests in land law; and how they can be brought to an end.
Chapter
10. Leasehold Covenants
This chapter considers covenants that exist in relation to leasehold land—also known as ‘leasehold covenants’. As the name suggests, these are promises made between landlords and their tenants, and form the crucial foundation of this leasehold relationship. The chapter explores the nature and importance of leasehold covenants; how such covenants are enforced between the original parties and enforceability where there are successors to the original parties. In view of changes to the law introduced by the Landlord and Tenant (Covenants) Act 1995, this chapter considers both the pre-1996 and post-1996 regimes for determining enforceability of leasehold covenants. Finally, this chapter discusses the important issue of remedies for landlords and tenants facing a breach of covenant.
Chapter
12. Freehold Covenants
A covenant is a promise made in a deed. This chapter considers covenants that exist in relation to freehold land—also known as ‘freehold covenants’. As the name suggests, these are promises made between freehold owners of land. The chapter explores the nature of freehold covenants; how such covenants are created and enforced between the original parties and successive owners of the land. It covers the impact on original parties, the role of land equity, and remedies, and explores the legal and equitable rules governing the enforceability of freehold covenants. Finally, this chapter discusses how freehold covenants can be discharged and modified and reform of the law in this area.
Chapter
Royal Bank of Scotland v Etridge (No.2) [2001] UKHL 44
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Bank of Scotland v Etridge (No. 2) [2001] UKHL 44. The document also includes supporting commentary from author Nicola Jackson.
Chapter
10. Leasehold Covenants
This chapter considers covenants that exist in relation to leasehold land—also known as ‘leasehold covenants’. As the name suggests, these are promises made between landlords and their tenants and form the crucial foundation of this leasehold relationship. The chapter explores the nature and importance of leasehold covenants, how such covenants are enforced between the original parties, and enforceability where there are successors to the original parties. In view of changes to the law introduced by the Landlord and Tenant (Covenants) Act 1995, this chapter considers both the pre-1996 and post-1996 regimes for determining enforceability of leasehold covenants. Finally, the chapter discusses the important issue of remedies for landlords and tenants facing a breach of covenant.
Chapter
12. Freehold Covenants
This chapter considers covenants that exist in relation to freehold land—also known as ‘freehold covenants’. As the name suggests, these are promises made between freehold owners of land. The chapter explores the nature of freehold covenants: how such covenants are created and enforced between the original parties and successive owners of the land, the role of law and equity and the role of remedies, and the legal and equitable rules. Finally, the chapter discusses how freehold covenants can be discharged and modified as well as reform of the law in this area.
Chapter
3. Enforceability issues
Intention to be bound, consideration, and promissory estoppel
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the question of whether the promises contained in the agreement are enforceable so that there is a legally binding contract in place (formation). It considers the parties’ intention to be legally bound and the need to establish that the promises are part of a bargain. The same bargain requirement applies to alteration promises, although the treatment of alteration promises is not as strict. It is possible for freely made alteration promises to be enforceable when not ‘paid for’ with another promise or action, e.g. by means of the doctrine of promissory estoppel.
Chapter
3. Enforceability of promises: consideration and promissory estoppel
Robert Merkin KC, Séverine Saintier, and Jill Poole
Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. In order to be enforceable, a promise must either be supported by consideration or be expressed in the form of a deed. This stems from the assumption in English contract law that only bargains should be enforced. This chapter examines the enforceability of promises, focusing on consideration and promissory estoppel. The case law has addressed what can constitute consideration and whether a promise can be enforced in the absence of consideration. The chapter focuses particularly on the enforceability of alteration promises, discusses part-payment of a debt, when and how the doctrine of promissory estoppel will operate, and how far the doctrine can be extended.
Chapter
3. Enforceability of promises: consideration and promissory estoppel
Robert Merkin KC, Séverine Saintier, and Jill Poole
Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas of the law curriculum. Under English law, bargains and not gratuitous promises are enforced, thus a promise will not be enforceable if it is not contained in a deed (implying that any promise is taken seriously) or supported by consideration. Consideration refers to an act or a promise given in exchange for the promise (that is, the price for which the other’s promise was bought). The law does not recognize some acts or promises as good consideration, such as past consideration and performance of an existing legal duty. This chapter examines the general requirement in English law to provide consideration in order to enforce a contractual promise. The consideration requirement is relevant not only to the formation of a contract but also to the enforceability of promises altering the terms of an existing contract (alterations). An alteration promise that is not supported by consideration may still have some binding effect on the basis of the doctrine of promissory estoppel.
Chapter
3. Enforceability issues
Intention to be bound, consideration, and promissory estoppel
James Devenney and Adam Shaw-Mellors
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the question of whether the promises contained in the agreement are enforceable so that there is a legally binding contract in place (formation). It considers the parties’ intention to be legally bound and the need to establish that the promises are part of a bargain. The same bargain requirement applies to alteration promises, although the treatment of alteration promises is not as strict. It is possible for freely made alteration promises to be enforceable when not ‘paid for’ with another promise or action, e.g. by means of the doctrine of promissory estoppel.
Book
Mindy Chen-Wishart
Contract Law offers a new approach, utilising diagrams and commentary boxes to complement the text. The book explains the intricacies of contract law by reference to the questions that arise during the life of a contract. Part I of the book introduces contract law. Part II looks at contract formation: the finding of agreement and meeting the criteria of enforceability. Part III focuses on the position of third parties who may benefit or be burdened by the contract. Part IV considers the reasons for allowing a party to escape the contract, namely the vitiating factors of misrepresentation and non-disclosure, mistake, frustration, duress, undue influence, and unconscionability. Part V looks at how to determine the contents of contracts: express, implied, and collateral terms, and examines their interpretation and enforceability. Part VI considers the breach of a contract and the availability of the remedies of termination, damages, and specific and agreed remedies. Part VII examines whether obligations of good faith should be recognised in current contract law and how that might affect the way we understand contract law.
Chapter
14. Private Enforcement of Articles 101 and 102
Alison Jones, Brenda Sufrin, and Niamh Dunne
This chapter focuses on the private civil enforcement of EU antitrust rules through claims made by private litigants in the national courts and tribunals of the individual Member States. The discussion covers the principle of direct effect and national procedural autonomy, mechanisms for cooperation between the Commission and national courts, the obligations of national courts when dealing with cases that raise the issue of whether a contract in violation of Article 101 or Article 102 is enforceable and whether, and if so when, damages and injunctions should be available to remedy such violations. It also considers why historically there was relatively little antitrust litigation in the EU; the relationship between public and private enforcement; and the Commission’s policy towards private enforcement, the package of measures the Commission has taken to encourage private litigation, especially the 2014 Damages Directive and its impact.
