BARRIE SCHOOL v. PATCH

No. 12, Sept. Term, 2006.

933 A.2d 382 (2007)

401 Md. 496

BARRIE SCHOOL v. Andrew PATCH, et al.

Court of Appeals of Maryland.

October 5, 2007.


Attorney(s) appearing for the Case

Michael G. Campbell (Miller, Miller & Canby, Chtd., on brief), Rockville, for petitioner/cross-respondent.

Douglas V. Rigler, Arlington, VA, for respondents/cross-petitioners.

Argued before BELL, C.J. RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


RAKER, J.

The primary question we must decide in this case is whether a non-breaching party to a contract has a duty to mitigate damages where the contract between the parties contains a valid liquidated damages clause. We shall answer that question in the negative and hold that a non-breaching party has no duty to mitigate damages where the parties agree to a valid liquidated sum in the event of a breach.

I.

Petitioner, The Barrie School, is a private...

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