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 …
This post is only available to members.

Cases Referenced

  • 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