Eliason v. Harrison (2018)

Citation: Eliason v. Harrison (2018)
Parent Document: Eliason v. Harrison (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-06-26
Original Source: https://www.courtlistener.com/opinion/10026732/eliason-v-harrison/ ↗

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The Harrisons’ lack of knowledge is similarly irrelevant. The CPA’s purpose is to “to
protect the public and to encourage fair and honest competition.” 9 V.S.A. § 2451. Thus the
“absence of intent based upon a lack of knowledge or expertise is not a defense to a claim” under
the CPA. L’Esperance, 2003 VT 43, ¶ 15 (internal quotation marks omitted). Instead, “the
burden is appropriately placed on sellers to engage in due diligence.” Gregory v. Poulin Auto
Sales, Inc., 2012 VT 28, ¶ 15, 191 Vt. 611. This is not undermined by the Supreme Court’s
holding in Terry v. O'Brien, that tenants premising CPA claims on the landlords’ failure to
disclose code violations “must show that the landlords knew or should have known of the alleged
defect in the premises.” 2015 VT 132, ¶ 38, 200 Vt. 511. Simply and reasonably, the landlord is
charged with knowing the law.

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