Is a plaintiff limited in their claim to damages fixed in advance by both parties?
British Columbia, Canada
The following excerpt is from Mitchell v. Paddington Homes Ltd., 1977 CanLII 373 (BC SC):
In Glendening v. Cedarhurst Properties Ltd., Meredith J., after referring to the clause I have referred to above, said: “If I were confined to a consideration of those words I would hold that the plaintiffs are limited in their claim to the liquidated damages, that is to say, damages fixed in advance by both parties.” (The italics are mine.)
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