Reply to Any experience of walking away from a school contract?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]A school won’t necessarily fill a spot even if there is a waitlist.

We are on a waitlist for an expansion year. But we know there is empty space and the school is actively soliciting applications for that grade. And it sucks but I understand that the school is trying to fill a specific spot and my DS isn’t right for that spot.

So you can drop out but the school may not be able to easily fill the spot while hitting their other goals.

Don’t know how that influences “duty to mitigate”. Maybe school says there is not an equivalent student seeking admission.

OP, try and get out your contract and let us know what happens. Might be helpful for the next person. [/quote]

It means if the school has a qualified applicant ready, willing, and able to pay in full before the school year starts, then there aren’t any damages. The fact that the applicant was waitlisted rather than denied is a strong indicator that the candidate is qualified, even if the candidate isn’t the school’s first choice.

It’s just like landlords who have a tenant who broke the lease. If an applicant who meets objective criteria (ie passes credit and background check) is willing to sign a lease, the landlord can reject that applicant but then waives the right to seek damages from the tenant. [/quote]

You may get there, but this would be in the context of a lawsuit, not you trying to explain to the school whose contract you breached that they don't have damages.  They are going to sue you.[/quote]

Not really. It would be in the context of their in house or outside counsel advising them of the likelihood of success and thus whether it’s worth going after a family for tuition. [/quote]

That's not how that works. It takes nothing for a school to send out a claim letter with an intent to sue and then a complaint if their letter isn't answered. They aren't hiring counsel for this - they have a firm that does this when nececessary as part of whatever other legal responsibilities they have to the school. They are just going to send the letter and/or complaint and see what happens next. They wouldn't even bother having contracts if they weren't willing to enforce them. [/quote]
 
Sorry, who do you think writes the claim letter? And why do you think it's included in some sort of flat rate? [/quote]

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