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COMM 393 (60)

Case Brief - Blackcomb Skiing v. Schneider - BREACH OF CONTRACT & DAMAGES.docx

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COMM 393
Patricia Mallia

Case BriefsCOMM 393 Blackcomb Skiing v Schneider BREACH OF CONTRACTDAMAGESFactsSchneider made a contract with Blackcomb to purchase a luxury condominium unit for 2290000 A deposit of 150000 US was required The contract stipulated that the deposit would be placed in trust with the lawyers for Blackcomb and if Schneider did not pay Blackcomb the purchase price on the completion date the deposit would be retained by Blackcomb at Blackcombs option as liquidated damages Blackcomb retains this sum in lieu of suing After repeated breaches by Schneider to pay the purchase price when it was due Blackcomb elected to treat the contract as discharged by breach of condition and demanded the 150000 Schneider refused to sign the documents necessary to release the funds out of trust to Blackcomb Blackcomb mitigated damages by selling the property for 2450000 Schneider refused to release the funds from trust saying that because Blackcomb suffered no losses it should not be entit
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