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Licence - Coggle Diagram

- - - - Whipp v Mackey label can be overridden by actual intention displayed by parties
      - Gaiten Motor Company 3 year lease on property, landlord didn't want person gaining business equity, agreement to enter caretaker agreement for 1 week, so person could keep trading but didn't gain business equity, both had independent legal advice, intention and purpose to stop gaining business equity - no continuous lease
      - Irish Shell petrol station in rathfarnham, every agreement titled licence, but looked like lease - exclusive possession - court looked at reality of agreement which was a lease
    - - infers likely a lease
      - Anoniandes v Villers man and woman seperate agreements with landlord, engaged, landlord retained permission to move in with them, court - never going to do that - 1 bedroom apartment - sham clause
    - - look at written agreement first or if no written agreement look at construction of words
      - label not definitive
    - - s3 deasys act
      - indicator but not decisive