Question
John's lease, with the Sunshine Shopping Centre includes the following clause: The Tenant shall continuously occupy the premises and operate a bookstore during normal business
John's lease, with theSunshine Shopping Centreincludes the following clause:
The Tenant shall continuously occupy the premises and operate a bookstore during normal business hours until December 31st2024. The Landlord shall not lease any other premises in theSunshine Shopping Centreto any tenant whoseprimary business activityis the retail sale of books (the "Exclusive Use").
Shortly after John signed the lease, the pharmacy located in the shopping center began selling books. John immediately complained and pointed to his "Exclusive Use" clause. The Landlord replied that the words "primary business activity"are clear and the pharmacy was only selling books incidentally (5% of its sales).
Question
Which of the following statements is correct regarding the interpretation which should be given to the words "primary business activity" mean in the context of John's lease?
a.
The words must be interpreted in Obsolete's favour because the lease is a contract of adhesion;
b.
No interpretation is necessary because 5% is clearly not a "primary business activity" for the pharmacy;
c.
The words must be interpreted in Obsolete's favour because the Obsolete is the weaker party;
d.
The words must be interpreted in Sunshine's favour because this is a business to business contract.
e.
The words must be interpreted in Sunshine's favour because the lease is a Consumer contract;
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