Bailhache v Williams [1968] JJ 1067 (27 December 1968)

Bailhache v Williams [1968] JJ 1067 (27 December 1968)

The oral agreement did not create a lease but a licence, as it was terminable at will, the lessee had no power to sub-let, and there was no intention by either party to create a sub-lease.

Citation
[1968] JJ 1067
Parties
Applicant: Bailhache; Respondent: Williams
Jurisdiction
Jersey
Judgment Date
27 December 1968
Procedural Posture
Civil / Judgment
Outcome
Licence confirmed, not lease.
Legal Topics
Licences, Lease or Licence Distinction, Termination at Will, Business Premises
Land Law Licences Lease or Licence Distinction Termination at Will Business Premises

Case Brief

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Parties

Bailhache

Applicant

Williams

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the oral agreement created a lease or a licence
  2. 2 Effect of control and profit entitlement on lease or licence status

Ratio Decidendi

The oral agreement did not create a lease but a licence, as it was terminable at will, the lessee had no power to sub-let, and there was no intention by either party to create a sub-lease.

Court Disposition

Licence confirmed, not lease.