INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Summers v. Crestview Apartments, 2010 MT 164 (2010)

Citation
Summers v. Crestview Apartments, 2010 MT 164 (2010)
Parent Document
Summers v. Crestview Apartments, 2010 MT 164 (2010)
Jurisdiction
Montana (state)
Effective Date
2010-07-27
Original Source
https://www.courtlistener.com/opinion/889353/summers-v-crestview-apartments/ ↗

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¶20 The actual damages sustained by this breach were known and were not impracticable or extremely difficult to fix. Upon re-renting the apartment on June 1, 2007, Crestview knew exactly how much Summers owed as a result of breaching the lease and could have sent a final statement at that time. Crestview counters that liquidated damages are presumed enforceable unless the opposing party establishes that they are unconscionable. Arrowhead Sch. Dist. No. 75 v. Klyap, 2003 MT 294, ¶ 54, 318 Mont. 103, 79 P.3d 250.