Supreme Court of Virginia
507 S.E.2d 363 (1998)
William and Fern O’Brian (the O’Brians) (defendants) signed a contract with the Langley School (Langley) (plaintiff) to enroll their daughter in school. The contract required notice of withdrawal in writing by June 1. The liquidated damages provision set damages for late withdrawal at a full year’s tuition due to the fact that the school’s damages would be hard to assess. The O’Brians withdrew their daughter on June 13 and did not pay the tuition amount. Langley filed a motion for judgment seeking enforcement of the liquidated damages provision plus fees. In a written interrogatory, Langley stated it was under no duty to try to fill the spot. The O’Brians moved the court to compel discovery, but the circuit court refused and granted Langley’s motion for summary judgment. The O’Brians appealed to the Supreme Court of Virginia.
Rule of Law
Holding and Reasoning (Kinser, J.)
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