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The Transfer of Property Act (s 105) defines lease as a shift or transfer of enjoyment right of an immovable property by a single individual called the lessor to another individual referred to as the lessee, prepared for a definite or distinct term, implied or expressed, or in…
The lease agreement is considered in essence a contract between the tenant and the landlord and thus must satisfy the contract law principles.
License on the other hand implies a situation where an individual gives to another individual or to an explicit number of individuals, a right to undertake or continue undertaking in or upon the static or immovable property of the provider/granter, something that would otherwise be regarded as unlawful in the nonexistence of such a right. It is simply a permission granted or given to a licensee to undertake something on the land of the owner, which could be inclusive of the permission to occupy. The main difference between a lease and a license is that a license does not grant a proprietary right and thus is revocable, while a lease does grant a proprietary right and thus non-revocable. 1It is vital to note that a lease or a licence can came up without having any written document, and in the case where no document is available that sets the parties intentions, it may be hard to determine whether the contract was a licence or a lease. In the case entitled Street v Mountford of the year , the House of Lords held that a tenancy or a lease would come up where the intention to create a legal relation exists, exclusive possession, and a periodic or fixed term at a rent is present.
Undue influence is present where a particular contract has been entered because of pressure, which falls short of amounting or generating duress, the party subject to the force may have a basis of action in justice to have the agreement reserved on the reasons of undue influence. Undue influence is regarded as a broad equitable doctrine that seeks to relieve an individual from domination or oppression consequences (actual undue influence), or the abuse of confidence or trust (presumed undue influence), which are categorized into two. The first one is a recognized relationship providing an undue influence presupposition (e.g. child ...
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