LAW Essay Example | Topics and Well Written Essays - 2500 words

LAW - Essay Example. .But the classification of the agreement as a lease does non depend upon any intention additional to that expressed in the choice of terms. It is simply a drumhead of characterising the terms which the parties have agreed. This is a inquiry of law.2Traditionally in determining whether or not the arrangements between Botolphs Investments plc and Alfred Micawber constitute a tenancy or a license it will be incumbent to look a the factual background and discern whether or not the intent of the arrangements was to give Alfred Micawber scoop shovel possession of the shop. If so, the agreement was a tenancy rather than a license.3 Lord Denning stated in Shell-Mex & BP Ltd v Manchester Garages Ltd 1971 1 WLR 612 thatBroadly speaking, we have to see whether it is a face-to-face privilege given to a person (in which case it is a licence) or whether it grants an interest in land (in which case it is a tenancy). At maven time it used to be thought that exclusive pos session was a decisive factor. But that is not so. It depends on broader considerations altogether. Primarily on whether it is personal in its nature or not.4This submission by Lord Denning was merely an extension of his ruling in Isaac v Hotel de Paris Ltd 1960 1 WLR 239 where he loosely held that exclusive possession was not the only consideration.5 Although the law changed somewhat it has once again been restored to the resolution of the question of exclusive possession.In my opinion the agreement was only personal in its nature and created a personal privilege if the agreement did not confer the right to exclusive possession of the filling station. No otherwise test for distinguishing between a contractual tenancy and a contractual licence appears to be comprehensible or workable.6The right to exclusive possession is the pivotal test for which to determine whether on not the agreement between Botolphs Investments plc and Alfred Micawber constitutes a tenancy as opposed