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Private & Independent Schools
Reply to "Lawsuits when you don't attend"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I’m sorry, but “I didn’t read the contract, I just assumed it would be fine” is not defensible. And a school just agreeing that ok fine, this time we won’t ask for the tuition because you didn’t read the contract would be ridiculously unfair to all the families that do read and abide by their contracts. [/quote] I'm not a contract lawyer, but I think it's arguable whether she accepted the contract, since she didn't pay the deposit (provide consideration).[/quote] That is the legal crux of it. If services are not provided, what is the definition of acquiescence in the contract and responsibility for the entire cost of services? Is it simply a signature on a piece of paper? Is it a sum of money (deposit) proving one's engagement in a more concrete fashion? I think this is debatable from a legal perspective. But the woman is poor and doesn't have great legal representation, and the school, despite its financial woes, has money to throw at this particular problem and employs an aggressive law firm well versed in contract enforcement. I hope she files an appeal and wins a drastic reduction of financial liability. She does have the responsibility of reading and understanding her entire contract, but this private school really pushed the limits of contract enforceability. It would have been a better look to settle for less money. [/quote]
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