Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)

Citation: Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Parent Document: Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-09-09
Original Source: https://www.courtlistener.com/opinion/6578571/wesson-v-leone-enterprises-inc/ ↗

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The development of the law of commercial leases has followed divergent paths. See Bopp, supra at 1069-1080; Note, Modernizing Commercial Lease Law: The Case for an Implied Warranty of Fitness, supra at 945-949. Some courts interpret commercial leases as they would any other commercial contract19; while others have taken a step in that direction by abolishing the independent covenants rule in favor of a rule of mutually dependent covenants.20 Still other courts have acted at the extremes, either by continuing strictly to apply the independent *719covenants rule,21 or by moving to the other end of the spectrum and recognizing an implied warranty of suitability in commercial leases.22 While we conclude that there is a need to move away from the rule of independent covenants, we continue to recognize that there are significant differences between commercial and residential tenancies and the policy considerations appropriate to each.23

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