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/ ↗

Full Text

850 chars

A consumer who sustains a claim under 9 V.S.A. § 2453 may recover the amount of his
damages or the value of the consideration given, plus reasonable attorney’s fees and exemplary
damages. 9 V.S.A. § 2461(b). Our Supreme Court has previously characterized 9 V.S.A.
§ 2461(b) as “directed toward providing an award of equitable relief and damages or
restitution[.]” Gramatan Home Inv’rs Corp. v. Starling, 143 Vt. 527, 534 (1983) (emphasis
added). This characterization aside, the court has not expressly addressed whether the
“consideration” option simply grants the consumer “an alternative form of compensatory relief in
the nature of restitution” or is “a civil penalty untethered from the normal restitutionary
requirement of restoring the parties to their original status.” Vastano v. Killington Valley Real
Estate, 2010 VT 12, ¶ 5, 187 Vt. 628.1

Other Sections in This Document (41)

Full Text