Commercial Rentals Code In Delaware
25 Del. C. 5101(b) provides:
Any rental agreement for a commercial rental unit is excluded from this code (Residential Landlord-Tenant Code). All legal rights, remedies and obligations under any agreement for the rental of any commercial rental unit shall be governed by general contract principles; and only Chapter 57 of Title 25 and Part IV of Title 25 shall have any application to commercial rental agreements.
The interpretation of contractual language is a question of law to be decided by the Courts. Pellaton v. Bank of New York, Del. Supr., 592 A.2d 473, 478 (1991).
If the language is clear and unambiguous, Courts must give the language its plain meaning. Phillips Home Builders v. the Travelers Ins. Co., Del. Supr., 700 A.2d 127, 129 (1997).
A party has a duty to mitigate once a material breach of contract occurs. Lowe v. Bennett, Del. Super,(1994).
The duty to mitigate applies equally when it is feasible to do so. Highline Financial Services, Inc. v. Rooney, Del. Super., C.A. No. 96C-05-059-JOG, Herlihy, J. (November 8, 1996).