Legal Opinion · Dissent
Barrie School v. Patch
Court of Appeals of Maryland
Decided October 5, 2007No. 12Published
1DissentBell, C.J.
The Majority, agreeing that the liquidated damages clause embodied in § 3 of the re-enrollment agreement (“the Agreement”) between the appellant, The Barrie School (“the School”), and the appellees, Mr. and Mrs. Patch (“the Patches”), and on which the trial courts relied, is valid, reverses the judgment of the Circuit Court for Montgomery County because it concludes that where the liquidated damages clause is valid, there is no duty to mitigate. Barrie School v. Patch, 401 Md. 497, 512-13, 933 A.2d 382, 391-92 (2007). I disagree. I am troubled by the result reached by the Majority, as it…
2Cases cited33 opinions
- Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
- Lake Ridge Academy v. CarneyOhio Supreme Court · 1993
- Lake River Corporation, Plaintiff-Appellee-Cross-Appellant v. Carborundum Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1985
- Traylor v. GraftonCourt of Appeals of Maryland · 1975
- In Re: Dow Corning Corp., Debtor. Bear Stearns Government Securities, Inc. v. Dow Corning Corp.Court of Appeals for the Sixth Circuit · 2005
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