- The claimant purchased a ticket, and therefore had a contractual licence, to watch a theatre performance
- The defendant, acting under a mistaken belief that the claimant had not paid for a ticket, forcibly ejected the claimant
- Was the licence revocable; could the claimant obtain damages for trespass to the person?
- Not revocable; damages available
- Where the contract provided for the prevention of arbitrary repudiation, the licence was not revocable
- As the claimant was not a trespasser, damages for trespass to the person were available