Break clause operation Reimbursement of rent payable in advance on exercise of break right – no implied term Marks and Spencer plc v BNP Paribas [2015] UKSC 72 Summary A term would not be implied in a lease permitting the tenant to recover rent paid for the period after the break date. A term will only be implied into a contract (in this case a lease) if it satisfies the test of business necessity or is so obvious that it…
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