16641 Lecture 1: 16641-Leases B
Document Summary
The agreement between the parties was referred to as a licence. It described the parties as licensor and licensee. It also purported to confer on the licensee the sole and exclusive licence and privilege" to supply refreshments from a defined portion of the premises and to carry on the business of a milk bar. In this circumstance the court would find that no lease was created. [11. 14] it is the right to exclusive possession that distinguishes a lease from a licence. The lease gives the lessee a proprietary interest in the premises occupied, whereas a contractual licence gives a licensee a personal right to occupy the premises. Both agreements may involve the payment of money in exchange for the right to occupy premises for a fixed period of time. In the calculation of damages, the remedies available to the parties of a lease or a licence are identical.
