Where exclusive listing agreement provided, "If the Broker is forced by collection or litigation effort to enforce the terms and conditions of this agreement, then the prevailing party will be entitled to reimbursement for all costs of collection, including attorney's fees," Broker was entitled to fees where Broker prevailed on claim that homeowners violated covenant of good faith and fair dealing by negotiating directly with prospective buyers; covenant of good faith and fair dealing was an implied term of the agreement, thus meeting the "terms and conditions" provision re: recovery of costs and attorneys' fees.
SCOVT affirms summary judgment dismissing premises liability claim brought
on behalf of trespassing child, declining to adopt attractive nuisance
doctrine recognized in the Restatement, holding protection of children was
not “plain justification “ for overruling longstanding
no-duty-to-trespasser precedent that has fostered certainty, stability, and
predictability in Vermont’s landowner liability law.
-
* Premises Liability. Attractive Nuisance. Stare Decisi*s
Treadway v. Green Mountain Power Corporation, 2026 VT 20 [6/5/2026]
EATON, J. Plaintiff Ia...
4 months ago
