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Rexbay Limited -v- McCann & Ors
Judgment ByStack J.
CourtHigh Court
Date Delivered06 October 2023
StatusApproved
Neutral Citation[2023] IEHC 563
Record Number2018 11189 P
Date Uploaded17 October 2023
ResultThe correct interpretation of an Exclusivity Clause prohibiting a first letting of any other part of a shopping centre to an Excluded Coffee Chain was that no part of the premises let could be used by the tenant for such a chain. The plaintiff was entitled to claim as damages for breach of the Clause a sum equivalent to the gross profits on the sales made by the Excluded Coffee Chain in the neighbouring unit, less the savings made by the plaintiff in response to its lower than projected sales.
Associated documents
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2023_IEHC_563.docx |
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