Question

In the case of Osprey L.L.C. v. Kelly-Moore Paint Co (Links to an external site.)., the court cited Osprey’s denial of receiving the fax as evidence that

Group of answer choices

A) Kelly-Moore never tried to fax the notice.

B) fax service was not adequate.

C) the methods of service stated in the contract should have been used.

D) Osprey denied receiving the fax.

Answer 1

Answer (C) the Methods of service stated in the contract should have been used.

The plaintiff Osprey LLC gave its commercial premises on lease to defendant Kelly-Moore Paint Co. LLC. As per the agreement between parties, the defendant needs to send a notice with the intent to renew the lease agreement before 6 months of expiry. The notice should be provided through registered mail or in person. But the defendant faxed the notice on the last day of 6 month period, that was not the method of service of notice in the contract should have been used. Due to that reason, the court cited Osprey's denial of receiving the fax as evidence.