Co-operative Insurance Society v Argyll Stores
1997 · [1998] AC 1
Posted By lanbuk.com
- Facts
- Argyll covenanted to keep a supermarket open in a shopping centre during normal hours. It closed the store because it was losing money. The landlord sought .
- Issue
- Should the court order Argyll to keep trading?
- Held
- No. The House of Lords held that an order to carry on a business would need constant supervision, could cause great loss, and was not normal practice. Damages were adequate.
- Principle
- Courts will not usually order a to carry on a business, because it requires continuing supervision.
- Why it matters
- It is the modern leading case on the supervision bar to specific performance.
Words and Latin in this note
- Specific performance
- An order requiring a party to actually carry out what they promised in a contract, instead of only paying damages. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.