chapter  18
6 Pages


Key Facts The defendants had covenanted within their lease to keep the premises open for ‘retail trade’. They leased a shop in a shopping centre. They decided that the shop should be closed as part of a national reorganisation and the claimants sought to rely on the covenant. The decree was not granted; although the breach was deliberate, the grant of a decree of specific performance would be oppressive to the tenant whose loss in complying with the order would be far greater than the loss to the landlord should the covenant be broken.