Also known as: unreasonably withheld · not be unreasonably withheld · unreasonably withhold · consent not unreasonably withheld · approval not unreasonably withheld
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A contractual standard requiring that a party's consent to an assignment, sublease, or sale of leased property be granted unless the withholding party has a commercially reasonable basis for refusal. The standard focuses on objective factors such as the proposed transferee's financial strength and compatibility with the lease terms rather than the withholding party's desire to block competition or extract unrelated concessions.
A standard permitting a court to waive a biological parent's consent to adoption when the parent withholds consent unreasonably and the withholding conflicts with the child's best interests, such as in cases of abandonment or desertion. Notice and a hearing are required before waiver.
Each sense below has its own examples, sources, and questions.
A contractual standard requiring that a party's consent to an assignment, sublease, or sale of leased property be granted unless the withholding party has a commercially reasonable basis for refusal. The standard focuses on objective factors such as the proposed transferee's financial strength and compatibility with the lease terms rather than the withholding party's desire to block competition or extract unrelated concessions.
Summit Cardiology Group leases space under a clause requiring its consent to any sale by Hartwell Properties. Hartwell contracts to sell to Apex Health Fund, a financially sound buyer that agrees to honor all leases. Summit refuses solely to block an urgent care clinic that would compete with it. The court declares the refusal unreasonable and permits the sale without consent.
A writer grants rights to a broadcaster subject to a clause requiring consent for non-minor alterations, which consent shall not be unreasonably withheld. The broadcaster makes substantial changes without consent to avoid legal risk. The court examines whether the broadcaster's refusal to seek agreement was commercially reasonable under the circumstances of the production schedule.
A lease clause requiring consent to assignment or sale is valid but subject to an implied duty that consent not be unreasonably withheld unless the lease clearly and freely grants one party an absolute right to refuse. Courts focus on objective factors such as the proposed party's financial strength and compatibility with existing lease terms rather than anti-competitive motives.
Yes. When the lease is freely negotiated and expressly states that consent may be withheld in sole and absolute discretion or for any reason, courts enforce the clause as written and do not impose a reasonableness limitation.
A standard permitting a court to waive a biological parent's consent to adoption when the parent withholds consent unreasonably and the withholding conflicts with the child's best interests, such as in cases of abandonment or desertion. Notice and a hearing are required before waiver.
Darius enters residential rehab after his child's birth and visits only a few times while staying in contact with the caseworker. The agency petitions for adoption over his objection. The court holds a hearing and finds that his refusal is unreasonable and contrary to the child's best interests because of the pattern of limited involvement. The adoption proceeds without his consent.
The court must find after notice and a hearing that the parent has unreasonably withheld consent and that withholding is against the child's best interests, such as when the parent has abandoned or deserted the child. Sporadic contact or lack of support can support the finding, but recent rehabilitation efforts may weigh against waiver.
No. While prenatal support can show initial commitment, complete absence after separation, failure to register with a putative father registry, and lack of further inquiries can still support a finding of abandonment that renders withholding unreasonable and contrary to the child's best interests.
…lessor's prior written consent. (1a) The question we address is whether, in the absence of a provision that such consent will not be unreasonably withheld, a lessor may unreasonably and arbitrarily withhold his or her consent to an assignment. This is a question of first impression in this court. I This case arises on appeal from an…
…board of directors of a cooperative corporation to the transfer of the plaintiffs stock subscription and proprietary lease could not be unreasonably withheld
…shall be assignable by operation of law, as to Lessee’s interest, without Lessor’s prior written consent, which
…make alterations under (a) and (b.) above the BBC shall not without the consent