Coleridge J: ‘the covenants must have been strictly kept, or, if broken, must have been satisfied for. So understood, the words import a condition precedent neither impossible nor unreasonable; and where that is clearly the case, the mere difficulty of performance, from the number or nature of the covenants to be performed, – a fact which must have been perfectly within the knowledge of the party contracting, – seems to me a very unsatisfactory reason for holding it to be otherwise.’
Judges:
Coleridge J
Citations:
(1854) 4 HL Cas 565
Jurisdiction:
England and Wales
Cited by:
Cited – Bass Holdings Ltd v Morton Music Ltd CA 1987
The tenant had the option to take a further lease on giving written notice of their desire ‘if it shall have . . performed and observed the several stipulations on its part to be performed and observed up to the date of [the notice]’. The question . .
Cited – Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd CA 31-Mar-2006
The defendant tenant sought to exercise a break clause in the lease. The landlord said that the notice was deficient because the tenant had failed ‘materially to comply with’ its repairing obligations. The judge found the cost of repairs were . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 09 December 2022; Ref: scu.240011