Judge Matt Wilson is a state circuit court judge in Missouri. He presides over the case of Collins v. Grimm. It
presents a legal issue over whether Grimm did all that he could do to avoid damages that occurred due to
Collins' breach of contract. This is called "mitigation of damages". The prior Missouri Supreme Court case of
Briggs v. Barrow held on similar facts that Barrow did not mitigate his damages. As to these facts:
OA) Judge Wilson is free to depart from the Briggs v. Barrow decision if the facts are similar and he
believes that the decision was incorrectly decided and it would result in a miscarriage of justice.
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B) Judge Wilson is free to decide the case any way he wants whether or not it logically follows from
the Briggs v. Barrow case.
C) Judge Wilson must wait for the Missouri legislature and the governor to pass a law that addresses
issues raised in the case.
D)
Judge Wilson must apply the law from Briggs v. Barrow if the facts are similar even if he believes
that the Briggs v. Barrow case was decided incorrectly and would result in a miscarriage of justice
(unfairness and extreme hardship).