In Shun Cheong Holdings B

Multiple Choice

In Shun Cheong Holdings B.C. Ltd. v. Gold Ocean City Supermarket Ltd., premises were leased for use as a grocery store. Seepage of a "smelly greasy fluid" interfered with the operation of the store. When the lease was abandoned, the issue was whether the landlord could bring an action against the tenant for
Breach of the lease. What did the Court find?

A) There had been a breach of the tenant's fundamental right of quiet enjoyment and the abandonment was justified.
B) The presence of the fluid breached the tenant's right of vacant possession, so damages were payable.
C) Because the premises were leased for a commercial purpose, not a residential one, the landlord had no obligations.
D) The tenant's obligation to pay supercedes any obligation on the part of the landlord, so the tenant was liable.
E) Because of the frustration endured by the tenant, a tenancy at sufferance was established.