Summaries of Published Opinions, 1117 COBJ, Vol. 46, No. 10 Pg. 91
COLORADO SUPREME COURT
September 11, 2017
2017 CO 83. No. 16SC224. Ravenstar, LLC v. One Ski Hill Place, LLC. Freedom of Contract— Liquidated Damages Clauses—Contractual Damages.
In this case, the Supreme Court considered whether a liquidated damages clause in a contract is invalid because the contract gives the non-breaching party the option to choose between liquidated damages and actual damages. The Court concluded that such an option does not invalidate the clause. Instead, parties are free to contract for a damages provision that allows a non-breaching party to elect between liquidated damages and actual damages. However, such an option must be exclusive, meaning a party who elects to pursue one of the available remedies may not pursue the alternative remedy set forth in the contract.
Therefore, under the facts of this case, the liquidated damages clause in the contracts at issue is enforceable. Accordingly, the Court affirmed the judgment of the Court of Appeals.
2017 CO 84. No. 14SC699. People v. Rock.
Criminal Law—Lesser Included Offenses.
The People sought review of the Court of Appeals' judgment reversing Rock's convictions for second degree burglary and theft. The trial court denied Rock's request for an additional, lesser included offense instruction on second degree criminal trespass on the ground that second degree criminal trespass is not an included offense of second degree burglary. The Supreme Court affirmed the Court of Appeals' reversal. The Court held that (1) the district court erred in denying Rock her requested instruction on second degree criminal trespass on the ground that it was not a lesser included offense of the charged offense of second degree burglary, and (2) erroneously denying Rock's requested instruction was not harmless with regard to either of her convictions.
2017 CO 85. No. 16SA230. Frazier v. Williams.
Election Proceedings under CRS §1-1-113.
The Supreme Court held that claims brought under CRS § 1 -1 -113 are limited to those alleging a breach or neglect of duty or other wrongful act under the Colorado Election Code. The language of CRS § 1-1-113 limits claims that may be brought to those alleging a breach or neglect of duty or other wrongful act under "this code," meaning the Colorado Election Code. The Court...
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