Commentary

112 Conversion distinguished from mislabelling and sham

AGRICULTURAL TENANCIES vol 2(1)
| Commentary

112 Conversion distinguished from mislabelling and sham

| Commentary

112 Conversion distinguished from mislabelling and sham

Express conversion of a licence into a tenancy was distinct from and supplemental to the principle, judicially evolved, that what is in truth a tenancy cannot be deprived of its legal effect as such by describing it as a licence1. A gratuitous licence, however, was never converted into a tenancy of an agricultural holding2 because the transaction had to be one enforceable at law and had to be a contract for valuable consideration3.

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