Reply to Barrie School vs. GDS?

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[quote=Anonymous][quote=Anonymous]PP here I should have said the people think their contract shouldn't be binding or they knew it was and didn't think the school would go after them.[/quote]

Correct.  Parents commit to enrolling their child (and agree to the liquidated damages clause) and then choose to enroll their child in a different school (often off a waiting list) and hope that the school will ignore the liquidated damages.  The assumption is that if the school finds another student to replace my DC, I shouldn't have to pay the amount I agreed to pay.  If you read the precedential court decision, you'll see that ONE judge agreed with the "no harm, no foul" argument, but the majority did not.  So in Maryland (where most of the cases are) - you should think twice before breaching an enrollment contract with a liquidated damages clause.  Not sure what the law in DC is, but it's not surprising that Barrie would rely on the precedent that they won.

There is another factor, more selective schools would not have  as many students defaulting on enrollment contracts since they would often be the first or second choice.  Barrie is often the second choice for parent who want to enroll their DC in GDS. GDS may be a backup for parents who hope to get into Sidwell, but for many progressive parents looking for a secular coed school, GDS is the first choice. So, I'm guessing that GDS ahs a much higher "yield" and doesn't need to address the enrollment contract breach issue.[/quote]

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