Jersey Judgment

Fort Regent Dev. Cttee. v Regency Suite Ltd. [1990] JLR 228 (23 October 1990)

Contract Law Property Law Waiver Breach of Covenant Lease Agreements

Citation: [1990] JLR 228
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

A demand for future rent is only a waiver of a breach of covenant under a lease if the party making the demand actually intended it to be so; the test is subjective, not objective.

Court disposition

Claim allowed

Material facts

Parties

Fort Regent Development Committee

Claimant

Regency Suite Ltd.

Defendant

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

01
Whether a demand for future rent constitutes a waiver of a breach of covenant under a lease
02
Whether waiver depends on the subjective intention of the party allegedly making the waiver

Party arguments

Applicant: The claimant argued that the demand for future rent did not constitute a waiver of the breach of covenant unless there was actual intention to waive.
Respondent: The defendant contended that the demand for future rent amounted to a waiver of the breach of covenant under the lease.

Court’s reasoning

Legal principles

01
[1990] JLR 228

Waiver of breach of covenant depends on the subjective intention of the party allegedly making the waiver, not on objective fact.

Ratio, limits and disposition

Ratio decidendi

A demand for future rent is only a waiver of a breach of covenant under a lease if the party making the demand actually intended it to be so; the test is subjective, not objective.

Court disposition

Claim allowed

Source and reliance status

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Judgment text

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Court record

Judgment

[1990] JLR 228

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BAILII >> Databases >> Jersey Law Reports >> Fort Regent Dev. Cttee. v Regency Suite Ltd. [1990] JLR 228 (23 October 1990) URL: https://www.bailii.org/je/cases/JLR/1990/JLR900228.html Cite as: [1990] JLR 228 [ New search ] [ Help ] Fort Regent Dev. Cttee. v Regency Suite Ltd. 1990 JLR 228 (23 October 1990) Contract - waiver (renonciation) - subjective test - waiver of breach of covenant depends on subjective intention of party allegedly making waiver, not objective fact-demand for future rent only waiver of breach of covenant under lease if actually intended to be so The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1990 JLR 228 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1990/JLR900228.html

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