MMP122 Lecture Notes - Lecture 1: Anzac Rifle Range, Executory Contract, C. A. Parsons And Company
Document Summary
Property: definition: (cid:858)the right to use or enjoy: the right to exclude others, the right to alienate(cid:859) do not all have to present for property to exist per blackburn j. Contractual rights, by contrast, are rights enforceable against particular persons. So two sets of legal relationships exist alongside one another. If the licensee refuses to leave, the proprietor is not liable for assault if a reasonable amount of force is used to eject the licensee. However equity may intervene making the contractual licence irrevocable. Verrall v great yarmouth borough council [1980], nsw rifle. Associate inc v commonwealth (2012): specific performance must be available. Equity will only be available when specific performance is available either in executory contracts (wolverhampton &walsall railway co v london and north & western. Equity is generally not found when the performance of services is involved hill v c a parsons & co ltd [1972]. Heidke v sydney city council: eliminating elements cannot be present.
