SATISH KUMAR
(Querist) 11 June 2008
This query is : Resolved
Dear Friends
Can any one explain me the concept of right of first refusal and its legal significance. Can one party claim it eventhough such right is not specifically mentioned in the agreement.
Guest
(Expert) 11 June 2008
Right of first refusal is covenant binding the parties. In the agreement in question you say that there is no covenant. In absence of such covenant, you have to search if there is any implied covenant. If nothing is found, then none can take advantage of this clause.
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