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Tenants: Tread with care!
Raymond Cooper highlights the potential problems with including an indemnity covenant in a lease that provides a remedy for breach of the tenants’ own covenants In Royscott [1993], the tenant argued that the landlord should have tried to mitigate the expenses, and the Court of Appeal held that an indemnity was a debt claim and …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Hadley v Baxendale [1854] EWHC Exch J70
- Royscott Commercial Leasing Ltd v Ismail (Unreported; 29 April 1993)
- Scottish Midland Guarantee Trust v Woolley [1964] 144 LJ 272
- Total Transport Corporation v Arcadia Petroleum Ltd (The Eurus) [1997] EWCA Civ 2754
- White and Carter (Councils) Ltd v McGregor [1962] AC 413