Commentary

41.8 Prohibition of assignment without consent—refusal or consent not to be unreasonably withheld

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

41.8 Prohibition of assignment without consent—refusal or consent not to be unreasonably withheld

| Commentary

41.8 Prohibition of assignment without consent—refusal or consent not to be unreasonably withheld

There is a special rule in property leases that if something may not be done ‘without the landlord’s consent’, it is implied that such consent may not be unreasonably withheld. However, no such term will normally be implied into other types of commercial contract. If the contract states that something may be done by one party only with the other party’s consent, and a party wishes that such consent may not be unreasonably withheld, it is possible to add wording on the following lines:

‘In the case of

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