Dependent Covenants in Commercial Leases: Hindquarter Corp. v. Property Development Corp.
This Note demonstrates that the Washington Supreme Court correctly applied contract principles to the Hindquarter lease dispute. The Note first reviews the historical development of dependent covenants in both residential and commercial contexts. After setting out this important background information, the Note examines Hindquarter and the three factors that influenced the Washington Supreme Court in following the dependent covenants trend: (1) material inducements to execute the lease; (2) the intent of the parties; and (3) equity and policy considerations. The Note concludes that, even though the landlord prevailed in Hindquarter, commercial tenants stand to gain most from the supreme court's decision.
Tracy R. Antley Faust, Dependent Covenants in Commercial Leases: Hindquarter Corp. v. Property Development Corp., 8 SEATTLE U. L. REV. 485 (1985).
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