- (1.)THE main, if not the sole, question involved in this First Appeal is whether a lease for a certain term fixed by the dead of lease would cease to be if the lessor has the unfettered right or option to terminate the lease at any time before the expiration of the term so limited. An affirmative answer would require us to allow the appeal: a negative answer would warrant its dismissal:
(2.)WHILE one may, as one should,, respectfully agree with Sir Henry Maine that "the movement of progressive societies had" (at least up to the time when maine wrote his 'ancient Law'), "been from status to contract", one would also, with respect, agree with Lord Simont see, Johnson v. Merston. (1978) 3 All ER 37) that since the days of Maine, the movement of many progressive societies has been the reverse, that is, from contract to status.
(3.)THE relationship of master and servant, or creditor and debtor or landlord and tenant, which used to be governed by contract alone, is now regulated by statutes which have invested the servant, the debtor or the tenant with appreciably secured status. Gone are the days when a hired servant or a hire tenant could be fired at whim or pleasure.
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