Co-operative Insurance v Argyll Stores [1997]

Facts

  • Argyll stores breached a covenant to keep their Safeway store open

Issue

  • Could the¬†claimant landlord attain an order for specific performance to require the store to be reopened?

Decision

  • No

Reasoning

  • Specific performance will not be ordered where such an order would require the running of a store at a loss, just to avoid contempt proceedings
RELATED CASE  Dunlop v Selfridge [1915]

Posted in Contract Law Revision Notes.

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