Land Law Assignment 2024–2025: Distinguishing Between Leases and Licences

Specification

Answer both (a) and (b):

(a) How do the courts approach distinguishing between leases and licences? [70 marks]

(b) In the context of distinguishing between leases and licences:

(i) Do the courts treat business and residential agreements differently? [20 marks]

(ii) should the courts treat business and residential agreements differently? [10 marks]

Explain your answers. [100 MARKS]

Instructions

• Support your answer by reference to relevant sources.
• Do not identify yourself on the assignment other than by stating your examination number on the cover page.
• The assignment must comprise at least 2,000 words but must not exceed 2,500 words.
• State the precise word count on the cover page.
• Footnotes and the bibliography are excluded in reckoning the word count provided you use them only to acknowledge and cite sources.
• Words in additional text in footnotes are included in reckoning the word count.
• Paginate the assignment. State the total number of pages on the cover page.
• Process the assignment using appropriate legal language and style.
• Type in no smaller than 11pt font.
• Plagiarism is prohibited.
• Acknowledge and cite all sources appropriately in both footnotes and a bibliography.

Submission and Deadline

• Submit the assignment on both Moodle and Turnitin.
• Do so no later than 6 p.m. on Monday, February 17.
• The two electronic copies of the assignment must be identical.
• Upon submitting the assignment on Moodle, you must sign an assignment-submission form.
• Assignments submitted after the deadline will fail automatically unless the Registrar had extended the submission deadline.

Research Trails—Guide

A research trail is a written record of your research methodology.

Compiled while researching, a research trail details all the steps you took while researching, in the order you took them.

A good research trail demonstrates the following:

• You did your own research, and the assignment is your own work.
• You researched in a sensible and methodical way.
• You researched relevant and up-to-date sources.

Before researching, you should make a research plan:

• What needs to be done (what is being asked?).
• What information needs to be found (what do I need to know to answer the question?).
• Where that information might be found, e.g., online databases, textbook indices.

Research plans and research trails are different:

A research trail is a record of how exactly you researched in accordance with your research plan.

Because they record research in detail, including where information was found, research trails help students avoid duplication of work and plagiarism.

Example of research trail steps:

1. I began by consulting my notes about [relevant topic] for a general idea of the key principles and sources. Then I looked up relevant chapters in textbooks.
2. Having read those textbook chapters, I decided that I should look at key primary sources such as relevant legislation and cases.
3. Then I went to legal databases and carried out searches using terms such as [list search terms].
4. I recorded all relevant information and disregarded irrelevant sources.
5. Finally, I cross-checked my references and bibliography.