Hurst v Picture Theatres Ltd [1915] 1 KB 1

Facts

  • The plaintiff purchased a ticket to a performance at the defendant's theater, creating a contractual license to occupy a seat for the duration of the event.
  • Upon lawful entry and seating, the plaintiff was forcibly removed by theater staff without justification.
  • The plaintiff brought a claim for assault and false imprisonment, challenging the right of the theater to revoke the license and remove him during the performance.

Issues

  1. Whether a theater patron holding a lawfully obtained ticket could have their contractual license revoked and be forcibly removed without breach of the license terms.
  2. Whether damages were available for assault and false imprisonment resulting from wrongful ejection under a contractual license.
  3. Whether a contractual license, once acted upon by lawful entry, is revocable at will by the licensor.

Decision

  • The Court of Appeal determined that the license granted by the ticket was a contractual license, not revocable at will during the term, so long as the licensee complied with the contract.
  • The forcible removal of the plaintiff without justification constituted wrongful revocation of the license.
  • Damages were awarded to the plaintiff for assault and false imprisonment resulting from his wrongful ejection.
  • The court distinguished contractual licenses from bare licenses, finding only the former provide such protection against arbitrary revocation during their term.

Legal Principles

  • A contractual license, such as a ticket to a performance, is a personal right permitting entry and occupation for a set purpose or period, distinct from any proprietary interest.
  • Once a contractual license is acted upon and the licensee lawfully enters in accordance with the agreement, it is generally irrevocable for its duration unless the licensee breaches the terms.
  • Wrongful revocation and ejection of a licensee holding a contractual license entitles the licensee to remedies, including damages for assault and false imprisonment.
  • Licensors must honor the terms of contractual licenses; arbitrary or unjustified ejection may lead to legal liability.

Conclusion

The court affirmed that holders of contractual licenses, such as theater tickets, are entitled to remain on the premises for the duration of the contract unless they breach the terms, and wrongful ejection without cause gives rise to actionable claims for damages. The principles established in this decision remain influential in defining the rights of licensees and the limits of licensors' powers to revoke contractual permissions.

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