Forest Bio Products Ltd v Forever Fuels Ltd

Commercial contract – Construction. Court of Session: Refusing an appeal which concerned the construction of the term 'unconditional written consent' in an asset sale agreement as used in a definition of 'Landlord's Consent' in the context of the assignation of a tenant's interest in a lease, the court the court rejected the submission that a condition affecting only the seller would not deprive landlord's consent of the character 'unconditional' as the term was used in the agreement, and concluded that 'Landlord's Consent', as defined by and referred to in the agreement, had not been either issued or granted.

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