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Hurst v Picture Theatres [1915]

Facts

  • 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

Issue

  • Was the licence revocable; could the claimant obtain damages for trespass to the person?

Decision

  • Not revocable; damages available

Reasoning

  • 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

 

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