Tuesday, December 24, 2013

Hilder v. St. Peter case brief

Hilder v. St. Peter case brief summary
478 A.2d 202 (1984)

CASE SYNOPSIS
Defendant landlords appealed the amount of damages imposed in a judgment from the Rutland Superior Court (Vermont) in favor of the plaintiff tenant in a claim for breach of the implied warranty of habitability.

CASE FACTS
Plaintiff tenant rented an apartment from defendant landlords that had many defects which made living in the apartment unsafe. Plaintiff, however, paid her rent on time every month. Defendant did nothing to correct the defects despite repeated complaints by plaintiff. The defendants appealed the amount of damages granted to the plaintiff.

DISCUSSION

  • The court affirmed the grant of damages equal to the entire amount of the rent plaintiff paid, holding that plaintiff did not have to abandon the premises in order to be entitled to a full return of the rent. 
  • The court remanded the issue of the amount of compensatory damages because the trial court did not set forth the method it used to compute the additional compensatory damages awarded.

CONCLUSION
Judgment for plaintiff affirmed in part because damages for entire amount of rent paid by plaintiff was proper, and remanded for determination of further compensatory damages.


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