What was the basis of the court's decision in Nickel Developments Ltd. v. Canada Safeway Ltd.?
A)Nickel was in breach of contract because it was an express term that it would not lease to another supermarket in the shopping centre.
B)Safeway was in breach of contract because it was an implied term, in order to meet the officious bystander test, that Safeway would continue to operate its supermarket in the shopping centre.
C)Safeway was not in breach of contract because there was no express term in the lease requiring it to continue operating its store in the shopping centre, nor could such a term be implied.
D)Safeway was in breach of contract because it was the custom in shopping centre leases that the anchor tenant will not abandon its business.
E)Both B and D

Question

Quizplus · Accepted Answer

The Answer of What was the basis of the court's decision in Nickel Developments Ltd. v. Canada Safeway Ltd.?
A)Nickel was in breach of contract because it was an express term that it would not lease to another supermarket in the shopping centre.
B)Safeway was in breach of contract because it was an implied term, in order to meet the officious bystander test, that Safeway would continue to operate its supermarket in the shopping centre.
C)Safeway was not in breach of contract because there was no express term in the lease requiring it to continue operating its store in the shopping centre, nor could such a term be implied.
D)Safeway was in breach of contract because it was the custom in shopping centre leases that the anchor tenant will not abandon its business.
E)Both B and D

What Was the Basis of the Court's Decision in Nickel