Cases - Esso Petroleum Co, Ltd v Fumegrange and others
Record details
- Name
- Esso Petroleum Co, Ltd v Fumegrange and others
- Date
- [1994]
- Citation
- 46 EG 199
- Legislation
- Keywords
- Lease renewal
- Summary
-
There were 3 agreements in respect of a petrol filling station. The first was a partnership agreement called a licence. The second was a shop franchise agreement that required F to operate an 'Esso Shop' in accordance with the provisions of a manual. The third was an agreement for the operation of a car wash.
It was held that the agreements gave E the right to possession, the right to make alterations, the right to install a car wash and to change the layout of the shop. The rights of E had to be looked at cumulatively and were inconsistent with an exclusive right of possession having been given to F. The agreements had not created a tenancy.