Supreme Court of Delaware

Bhole, Inc., Outlet Liquors, LLC, Highway I Limited Partnership, Kiran Patel, and Alexander J. Pires, Jr., Below V…

June 11, 20132013 Del. LEXIS 286

Summary

The Supreme Court of Delaware held that the tenant breached the commercial lease but that the Superior Court improperly calculated damages without addressing the lease's lack of an acceleration clause and without an adequate record concerning mitigation. The court limited contract liability to the contracting tenant and its successor by merger, reversed the tortious-interference and punitive-damages rulings, affirmed rejection of the prospective-business-expectations claim and the claim against Patel, and remanded for recalculation of damages and fees.