Pamela Lafontaine had a newsstand at the corner of Sixth and Main. She sold her property to a developer who was building a mall, and then leased space in the mall to run a newsstand. After about a year, Pamela's business began to deteriorate
She discovered that a large pharmacy in the mall was selling newspapers and magazines, although it was a term of its lease that it would only carry on the business of a pharmacy. Which of the following is TRUE?
A) Although Pamela does not have an exclusivity clause in her lease, it is only fair and just that the landlord would not allow one tenant to interfere with another tenant's ability to carry on its business.
B) Pamela can bring an action against the pharmacy for interference with economic relations.
C) The landlord may be able to stop the pharmacy from selling newspapers on the basis that it is in breach of its permitted use clause, but the pharmacy could argue this activity falls within its normal business.
D) In the absence of an exclusivity clause, Pamela likely has no recourse against the landlord.
E) both C and D
D
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