As Is Where is in a License Agreement Does Not Absolve the Contracting Parties to Make a Minimal Disclosure
Case: India Tourism Development Corporation Ltd (ITDC) versus Bougainvillea Multipex & Entertainment Centre Pvt Ltd (BMEL)
Coram: Justice Vibhu Bakhru
Case No.: O.M.P. (COMM.) 402/2018
Court Observation: “The award of damages is premised on the finding that ITDC had breached its obligations to make a fair disclosure regarding the Premises and to ensure that the same was fit for the purpose for which the same was licenced. Thus, this Court is unable to accept that any interference is warranted in regard to the said award of damages.”
“The impugned award cannot be interfered with on the ground that one of the documents may be inadmissible in evidence or is of little evidentiary value.”
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Keywords
License Agreement
