(A) contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. 2. A license is express or implied. An express license is one which in direct terms authorizes the performance of a certain act; as a license to keep a tavern given by public authority. 3. An implied license is one which though not expressly given, may be presumed from the acts of the party having a right to give it. The following are examples of such licenses: 1. When a man knocks at another’s door, and it is opened, the act of opening the door licenses the former to enter the house for any lawful purpose. See Hob. 62. A servant is, in consequence of his employment, licensed to admit to the house, those who come on his master’s business, but only such persons. Selw. N. P. 999; Cro. Eliz. 246. It may, however, be inferred from circumstances that the servant has authority to invite whom he pleases to the house, for lawful purposes. See 2 Greenl. Ev. Section 427; Entry. 4. A license is either a bare authority, without interest, or it is coupled with an interest. 1. A bare license must be executed by the party to whom it is given in person, and cannot be made over or assigned by him to another; and, being without consideration, may be revoked at pleasure, as long as it remains executory; 39 Hen. VI. M. 12, page 7; but when carried into effect, either partially or altogether, it can only be rescinded, if in its nature it will admit of revocation, by placing the other side in the same situation in which he stood before he entered on its execution. 5. 2. When the license is coupled with an interest the authority conferred is not properly a mere permission, but amounts to a grant, which cannot be revoked, and it may then be assigned to a third person. When the license is coupled with an interest, the formalities essential to confer such interest should be observed. (B) International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 2. The effects of the license are to suspend or relax the rules of war to the extent of the authority given. It is the assumption of a state of peace to the extent of the license. In the country which grants them, licenses to carry on a pacific commerce are stricti juris, as being exceptions to the general rule; though they are not to be construed with pedantic accuracy, nor will every small deviation be held to vitiate the fair effect of them. (C) Intellectual Property A contractual right authorizing an other to use intellectual property (such as to republish a book or to use a computer program that has been copyrighted) by the rights holder. (D) A defense to a trespass offense: The name of a plea of justification to an action of trespass. A license must be specially pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue.
Law Dictionary – Alternative Legal Definition
In the law of contracts. A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort. State v. Hipp, 38 Ohio St 226; Youngblood v. Sexton, 32 Mich. 406, 20 Am. Rep. 654; Hubman v. State, 61 Ark. 482, 33 S. W. 843; Chicago v. Collins, 175 111. 445, 51 N. E. 907, 49 L. R. A. 408, 67 L. R. A. 224. Also the written evidence of such permission. In real property law. An authority to do a particular act or series of acts upon another’s land without possessing any estate therein. Also the written evidence of authority so accorded. It is distinguished from an “easement,” which implies an interest in the land to be affected, and a “lease,” or right to take the profits of land. It may be, however, and often, is, coupled with a grant of some interest in tie land itself, or right to take the profits. 1 Washb. Real Prop. 398. In pleading. A plea of justification to an action of trespass that the defendant was authorized by the owner of the freehold to commit the trespass complained of. In the law of patents. A written authority granted by the owner of a patent to d from the justices of the peace. Wharton.