"Frustration of Purpose" Didn’t Terminate Tenant’s Lease

"Frustration of Purpose" Didn’t Terminate Tenant’s Lease



Facts: A tenant leased space at a shopping center for its sporting goods store. The center was in a flood zone and had been flooded several times, ruining the inventory of the center’s tenants each time. Under the lease, the tenant was required to have an “all-risk” insurance policy that would cover flood-related damage, including improvements, furniture, and lost inventory. As a result of a tropical storm, a nearby river flooded the center and the area was evacuated and declared a major disaster area.

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