De Mattos v Gibson

De Mattos v Gibson
Citation(s)	(1858) 4 De G&J 276
Keywords
Licence

De Mattos v Gibson (1858) 4 De G&J 276 is an English case, concerning covenants over movable property.

Facts

In 1857 the plaintiff had chartered a ship (The Allerton) to carry coal from the Tyne to Suez. In the Channel it suffered damage and put in for repairs. Gibson, who held a mortgage over the ship granted in January 1858, paid for repairs and effectively took possession of the ship in October 1858 with a view to securing its return to Newcastle so that he could exercise his power of sale. The plaintiff applied for an injunction to restrain Gibson’s threatened action on the ground that it would be inconsistent with the performance of the charter-party of which Gibson had known when he had taken his mortgage.

Judgment

Knight Bruce LJ said the following.^[1]

“

Reason and justice seem to prescribe that, at least as a general rule, where a man, by gift or purchase, acquires property from another, with knowledge of a previous contract, lawfully and for valuable consideration made by him with a third person, to use and employ the property for a particular purpose in a specified manner, the acquirer shall not, to the material damage of the third person, in opposition to the contract and inconsistently with it, use and employ the property in a manner not allowable to the giver or seller. This rule, applicable alike in general as I conceive to moveable and immoveable property, and recognised and adopted, as I apprehend, by the English law, may, like other general rules, be liable to exceptions arising from special circumstances; but I see at present no room for any exception in the instance before us.

”

Sources on licences

Thomas v Sorrell (1673) EWHC (KB) J85

Protection from Eviction Act 1977 s 5

Winter Garden Theatre Ltd v Millennium Ltd [1948] AC 173

National Provincial Bank v Ainsworth [1965] UKHL 1

Tanner v Tanner [1975] EWCA Civ 4

Children Act 1989 s 15 and Sch 1

Verrall v Great Yarmouth BC [1981] QB 202

Thompson v Park [1944] KB 408

Hurst v Picture Theatres Ltd [1915] 1 KB 1

Hounslow LBC v Twickenham GD Ltd [1971] 1 Ch 233

Land Registration Act 2002 s 116

Family Law Act 1996 ss 30-31

Manchester Airport plc v Dutton [1999] EWCA Civ 844

Binions v Evans [1972] EWCA Civ 6

Ashburn Anstalt v Arnold [1988] EWCA Civ 14

Errington v Errington & Woods [1951] EWCA Civ 2

Inwards v Baker [1965] EWCA Civ 4

De Mattos v Gibson (1858) 4 De G&J 276

see English land law, licenses and leases

Sources on leases

LRA 2002 s 116 and Sch 3, para 1

Protection from Eviction Act 1977 s 5

Family Law Act 1996 ss 30-33

LPA 1925 ss 1 and 205(1)(xvii)

Errington v Errington [1951] EWCA Civ 2

Ashburn Anstalt v Arnold [1988] EWCA Civ 14

Street v Mountford [1985] UKHL 4

Mikeover v Brady [1989] EWCA Civ 1

Aslan v Murphy and Duke v Wynne [1989] EWCA Civ 2

AG Securities v Vaughan [1988] UKHL 8

Prudential Ltd v London Residuary Body [1991] UKHL 10

Bruton v London & Quadrant Housing Trust [1999] UKHL 26

ECHR art 8 and Prot 1, art 1

Kay v Lambeth LBC [2006] UKHL 10

see English land law, licenses and leases

Notes

↑ (1858) 4 De G&J 276, 282

References

External links

This article is issued from Wikipedia - version of the Thursday, December 04, 2014. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.