| 词条 | Hurst v Picture Theatres Ltd |
| 释义 |
| name = Hurst v Picture Theatres Ltd | court = Court of Appeal | image = Savoy Cinema auditorium (1929).jpg | caption = | date decided = 8 July 1914 | full name = | citations = [1915] 1 KB 1 | judges = | prior actions = Appellant lost also at first instance in the High Court. | subsequent actions = | opinions = | transcripts = | keywords = Licence; ticketed attendance; removal of people from events (revocation); mistake; law of trespass }} Hurst v Picture Theatres Ltd [1915] 1 KB 1 is an English land law case, concerning licences "in" land, specifically ticketed events. The appeal court confirmed that there is no right, based on e.g. land owner's discretion as to determining trespassers, to remove the attendee if the venue operator is mistaken as to the attendee's right to attend. FactsMr Hurst bought a ticket for 17 March 1913's screening of Lake Garda in a London cinema of Picture Theatres Ltd. The manager honestly believed he had not paid for his seat. He was forced to leave, and then he claimed trespass to the person. The theatre argued that even though it revoked (breached) the licence, a contract relating to a person's right to be somewhere, its mistaken belief could render Hurst a trespasser (if so reasonable force could be used to remove him). Channell J held, with a jury, Hurst could get damages. JudgmentBuckley LJ confirmed the award.[1] {{Cquote|They committed an assault upon him in law. It was not of a violent kind, because, like a wise man, [Hurst] gave way to superior force and left the theatre… it was for the jury to give him such a sum as was right for the assault which was committed upon him, and for the serious indignity to a gentleman of being seized and treated in this way in a place of public resort.}}See also{{Clist licences}}
Notes1. ^[1915] 1 KB 1, 11 4 : English land case law|1915 in case law|1915 in British law|Court of Appeal of England and Wales cases |
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