There was a three-year lease agreement between Spirent Communications as the landlord and Quake Technologies as the tenant. It was anticipated that the leased office space would not be available until at least six weeks after the date specified in the lease agreement. In light of this anticipated delay, the tenant terminated the lease agreement. The tenant sued the landlord for damages. The question is who should be compensated for damages.
See my publication, "Spirent Communications v. Quake Technologies: A look at intersection of time being of the essence and anticipatory late performance", The Advocates Quarterly, Vol. 34, No. 4.
Follow this link for a copy of the article: http://www.bennettjones.com/Images/Guides/update3752.pdf
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