Baal v. Le Mottee [1963] JJ 281 (05 July 1963)

Baal v. Le Mottee [1963] JJ 281 (05 July 1963)

A licence without an agreed duration is void, but the licensee is not a trespasser and is entitled to reasonable notice of termination.

Citation
[1963] JJ 281
Parties
Applicant: Baal; Respondent: Le Mottee
Jurisdiction
Jersey
Judgment Date
05 July 1963
Procedural Posture
Civil / Judgment
Outcome
licence declared void; licensee entitled to reasonable notice
Legal Topics
Licences, Duration of Licence, Termination of Licence, Notice to Licensee

Case Brief

Summary, issues, holding and outcome

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Parties

Baal

Applicant

Le Mottee

Respondent

Procedural Posture

Civil / Judgment

  1. 1 Whether a licence without an agreed duration is void
  2. 2 Whether a licensee without a fixed term is a trespasser
  3. 3 Whether a licensee is entitled to reasonable notice of termination

Ratio Decidendi

A licence without an agreed duration is void, but the licensee is not a trespasser and is entitled to reasonable notice of termination.

Court Disposition

licence declared void; licensee entitled to reasonable notice