Thompson v Park

Last updated
Thompson v Park
February 1963 DETAIL, FRONT DOOR - Reading-Large House, 119 Main Street, Flemington, Hunterdon County, NJ HABS NJ,10-FLEM,1-8.tif
Court Court of Appeal
Decided 28 February 1944
Citation(s) [1944] KB 408
Keywords
Licence; revoked; possible breach of joint venture contract; whether forcible re-entry trespass; whether re-entry proper for right to sue for damages in a non-commercial, school context

Thompson v Park [1944] KB 408 is an English law case, concerning licenses in land.

English law legal system of England and Wales

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

Contents

Facts

Mr Thompson, the school's headmaster, wanted an injunction for Mr Park to leave his school, after Mr Park had forced his way back into the premises which they had amalgamated as a joint venture together at Broughton Hall, Eccleshall, Staffordshire. Park had a class of 25 pupils before relations broke down, and Thompson had revoked the licence. Park countered that he had been denied of his investment.

Staffordshire County of England

Staffordshire is a landlocked county in the West Midlands of England. It borders with Cheshire to the northwest, Derbyshire and Leicestershire to the east, Warwickshire to the southeast, West Midlands and Worcestershire to the south, and Shropshire to the west.

Judgment

Goddard LJ granted the injunction because of the behaviour Park demonstrated. [1]

Not followed in

<i>Verrall v Great Yarmouth BC</i>

Verrall v Great Yarmouth BC [1981] QB 202 is a land and contract law case on the arbitrary revocation of an agreed, future licence in land for good consideration.

Distinguished in

See also

Related Research Articles

<i>Thornton v Shoe Lane Parking Ltd</i>

Thornton v Shoe Lane Parking Ltd[1970] EWCA Civ 2 is a leading English contract law case. It gives a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an offer, rather than an invitation to treat.

<i>D & C Builders Ltd v Rees</i>

D & C Builders Ltd v Rees [1965] EWCA Civ 3 is a leading English contract law case on the issue of part payment of debt, estoppel, duress and just accord and satisfaction.

English contract law Law of contracts in England and Wales

English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth, and to a lesser extent the United States. It is also experiencing gradual change because of the UK's membership of the European Union and international organisations like Unidroit. Any agreement that is enforceable in court is a contract. Because a contract is a voluntary obligation, in contrast to paying compensation for a tort and restitution to reverse unjust enrichment, English law places a high value on ensuring people have truly consented to the deals that bind them in court.

<i>Leaf v International Galleries</i>

Leaf v International Galleries [1950] 2 KB 86 is an English contract law case concerning misrepresentation, mistake and breach of contract, and the limits to the equitable remedy of rescission.

<i>Liverpool City Council v Irwin</i>

Liverpool City Council v Irwin [1976] UKHL 1 is a leading English contract law case, concerning the basis on which courts may imply terms into contracts; in particular in relation to all types of tenancies, a term may be implied if required for a particular relationship, such as for the landlord to keep the stairwells clear in a tower block. The tenants also had a duty of reasonable care which some among them had been repeatedly breached and led to a continuing breach in matters of damage about which they complained so they were not entitled to withhold rent on the facts.

<i>Crabb v Arun DC</i>

Crabb v Arun District Council [1975] EWCA Civ 7 is a leading English land law and contract case concerning "proprietary estoppel". Lord Denning MR affirmed that where agreements concern the acquisition of rights over land, there is no need for both parties to provide a consideration for upholding the bargain. While promissory estoppel cannot found a cause of action it was held that in the peculiar situation of land, consideration is not necessary at all.

Privacy in English law is a rapidly developing area of English law that considers in what situations an individual has a legal right to informational privacy - the protection of personal or private information from misuse or unauthorised disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognised no general right or tort of privacy, and was offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developing the common law.

<i>Williams & Glyns Bank v Boland</i>

Williams & Glyn's Bank v Boland [1980] is a House of Lords judgment in English land and trusts law on an occupier's potentially overriding interests in a home.

<i>OBrien v MGN Ltd</i>

O’Brien v MGN Ltd [2001] EWCA Civ 1279 is an English contract law case, concerning incorporation of terms through reasonable notice.

<i>Errington v Wood</i>

Errington v Wood[1951] EWCA Civ 2 is an English contract law and English land law judicial decision of the Court of Appeal concerning agreement and the right to specific performance of an assurance that is relied on.

Bristol & West Building Society v Henning [1985] EWCA Civ 6 is an English land law case that holds a person can consent to give up the right to an overriding interest in land, that will bind third parties, such as banks, that purchase a property. Although dealing with unregistered land, it is equally applicable in the case of registered land and now falls under the Land Registration Act 2002.

<i>Arthur v Anker</i>

Arthur & Another v Anker & Another is an English legal case that set new case law in respect of the use of wheel clamps to immobilise vehicles on private land and is regarded as the leading legal authority on the subject. The case established a legal precedent in relation to the use of wheel clamps and the concept of consent but some years later this was expanded upon in the case of Vine v London Borough of Waltham Forest.

<i>Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd</i>

Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd[2011] EWCA Civ 347 is an English trusts law case, concerning constructive trusts. Sinclair was partially overruled in July 2014 by the UK Supreme Court in FHR European Ventures LLP v Cedar Capital Partners LLC.

<i>Manchester Airport plc v Dutton</i>

Manchester Airport plc v Dutton[1999] EWCA 844 is an English land law case, concerning licences in land. It confirmed the court will attach to licences, even where narrowly drawn to avoid giving away title, a right to occupy provided it meets with the clear commercial purposes of the contract. This means those third parties, in this case protestors, who interfered with such rights must be removed.

Prudential Assurance Co Ltd v London Residuary Body [1991] UKHL 10 is an English land law case, confirming and explaining the requirements of certainty of duration of any lease.

<i>Das v Linden Mews Ltd</i>

Das v Linden Mews Ltd[2002] EWCA Civ 590 is an English land law case, concerning rights of way.

<i>Crow v Wood</i>

Crow v Wood[1970] EWCA Civ 5 is an English land law case, confirming an easement commonly exists for the right to have a fence or wall kept in repair expressed in earlier deeds, which is right which is capable of being "granted" by law and secondly, as a separate but on the facts, related issue, of the right of common land pasture asserted by continued use.

<i>Banque Belge pour LEtranger v Hambrouck</i>

Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321 is an English trusts law case concerning the common law remedies for receipt of trust property.

<i>Thompson v London, Midland and Scottish Rly Co</i>

Thompson v London, Midland and Scottish Railway Co Ltd [1930] 1 KB 41 is an English contract law case, concerning the exclusion of liability. It was described by Lord Denning MR in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd as part of "a bleak winter for our law of contract." Although the same decision would not be reached today because of the application of the Unfair Contract Terms Act 1977, English courts continue to assess on an objective basis whether reasonable notice has been given of terms and conditions so as to incorporate them in the contract.

References

  1. [1944] KB 408, 409-410
  2. 1 2 http://www.iclr.co.uk/ic/1941000534