''Hurst v Picture Theatres Ltd''
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English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
case, concerning
licences "in" land, specifically ticketed events. The appeal court confirmed that there is no right, based on e.g. land owner's discretion as to determining trespassers, to remove the attendee if the venue operator is mistaken as to the attendee's right to attend.
Facts
Mr Hurst bought a ticket for 17 March 1913's screening of ''
Lake Garda
Lake Garda ( it, Lago di Garda or ; lmo, label=Eastern Lombard, Lach de Garda; vec, Ƚago de Garda; la, Benacus; grc, Βήνακος) is the largest lake in Italy.
It is a popular holiday location in northern Italy, about halfway between ...
'' in a London cinema of Picture Theatres Ltd. The manager honestly believed he had not paid for his seat. He was forced to leave, and then he claimed trespass to the person. The theatre argued that even though it revoked (breached) the licence, a contract relating to a person's right to be somewhere, its mistaken belief could render Hurst a trespasser (if so reasonable force could be used to remove him).
The issue was whether the claimant was entitled to damages under trespass to the person.
Channell J held, with a jury, Hurst could get damages.
Judgment
Buckley LJ confirmed the award.
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See also
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English property law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ...
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English tort law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requi ...
Notes
{{reflist, 2
English land case law
1915 in case law
1915 in British law
Court of Appeal (England and Wales) cases