Such consent not to be unreasonably withheld: Difference between revisions
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If the purpose of a covenant is for a party to achieve a certain purpose, or prevent a certain outcome, then if you use the covenant to achieve some other purpose, you’re likely to get yourself in trouble. | If the purpose of a covenant is for a party to achieve a certain purpose, or prevent a certain outcome, then if you use the covenant to achieve some other purpose, you’re likely to get yourself in trouble. | ||
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*[[Don’t take a piece of paper to a knife fight]] | *[[Don’t take a piece of paper to a knife fight]] | ||
*[[Noli mentula esse]] | *[[Noli mentula esse]] | ||
Revision as of 11:36, 18 January 2020
When can one withhold one’s consent? When your watchword is “noli mentula esse”.
That's when. As was illustrated in the recent case of Crowther v Arbuthnot Latham & Co Ltd.
If the purpose of a covenant is for a party to achieve a certain purpose, or prevent a certain outcome, then if you use the covenant to achieve some other purpose, you’re likely to get yourself in trouble.