Jiminez v Morrissey & Ors [2006] IEHC 18 (31 January 2006)

Jiminez v Morrissey & Ors [2006] IEHC 18 (31 January 2006)

The plaintiff failed to establish that the consequences of the leaks materially affected the carrying on of business in the premises, thus no liability attaches to the first named defendant under clause 5.4.1 of the lease and no damages are awarded.

Citation
[2006] IEHC 18
Parties
Plaintiff: Manuel Jiminez; Defendant: Daniel Morrissey; Defendant: Patrick J. McGrath; Defendant: Mary McGrath; Defendant: Thomas McGrath
Jurisdiction
Ireland
Judgment Date
31 January 2006
Procedural Posture
High Court Civil Action / Final Judgment
Outcome
Claim dismissed
Legal Topics
Lease Covenants, Repair Obligations, Damages Assessment, Interpretation of Contract Clauses
Landlord and Tenant Property Law Contract Law Lease Covenants Repair Obligations Damages Assessment Interpretation of Contract Clauses

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Parties

Manuel Jiminez

Plaintiff

Daniel Morrissey

Defendant

Patrick J. McGrath

Defendant

Mary McGrath

Defendant

Thomas McGrath

Defendant

Procedural Posture

High Court Civil Action / Final Judgment

Legal Issues

  1. 1 Whether the defendant is liable under clause 5.4.1 of the lease for repairs to the flat roof
  2. 2 Whether the disrepair materially affected the carrying on of business
  3. 3 Assessment of damages for breach of repair covenant

Ratio Decidendi

The plaintiff failed to establish that the consequences of the leaks materially affected the carrying on of business in the premises, thus no liability attaches to the first named defendant under clause 5.4.1 of the lease and no damages are awarded.

Court Disposition

Claim dismissed