The question (15 marks)
Define a lease and distinguish it from a licence. What tests do the courts apply where a document is described as a leave and licence agreement but confers exclusive possession? (15 marks)
MU Module III, lease; pack ch. 06 and case briefs 15 and 16.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Lease, Exchange, Gift, Actionable Claims and Easements of Transfer of Property.
Authorities you will need
- Associated Hotels of India Ltd. v R.N. Kapoor
- Delta International Ltd. v Shyam Sunder Ganeriwalla
- Errington v Errington and Cobb v Lane, adopted in both
- Rajbir Kaur v S. Chokesiri and Co. and M.N. Clubwala v Fida Hussain Saheb, adopted in Delta International
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.