STEIN ERIKSEN LODGE OWNERS ASSOCIATION INC. AND STEIN ERIKSEN LODGE MANAGEMENT CORP., Appellees, v. MX TECHNOLOGIES INC., Appellant., 2022 UT App 30

Summary

HOLDINGS: [1]-The trial court erred in granting the lodge's motion for summary judgment as to liability because a reasonable factfinder could have concluded that the events manager for the corporation did not have actual or apparent authority to sign the contracts for the corporate conference at the lodge, and that the corporation did not ratify them after the fact; [2]-The trial court did not err in concluding that the liquidated damages provisions in the lodge contracts were valid and enforceable because the damages were directly linked to the contractual room and food charges, and were based on a 60-day cancellation window that was standard in the industry; the liquidated damages provisions were not so one-sided as to oppress or unfairly surprise.