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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 56079
Experience:  Licensed attorney helping individuals and businesses
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Parents decide to send daughter to a new private school. New

Customer Question

Parents decide to send daughter to a new private school. New school asks old school for reference re child months before start of next term. New school accepts child. Parents advise old school (4 days late) of move. Old school insists all fees for next term must still be fully paid.?
JA: What confuses you?
Customer: That parents are now having to pay twice, old and new school because they were 4 days late in advising old school of child's move although old school new very well that she was moving having given the reference months before.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Actually this is my nephew in the U.K. And daughter attending a a Catholic private school. I thought our common law similar to
JA: Has anything been filed or reported?
Customer: Just that the prinicipal of the old school is insisting that the full term fees be paid and refuses to discuss the matter
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 14 days ago.
Category: Legal
Expert:  INFOLAWYER replied 14 days ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  INFOLAWYER replied 14 days ago.

The fees do not need to be paid unless a contract was signed committing to the term and there is a no refund or no cancellation policy.

Expert:  INFOLAWYER replied 14 days ago.

Let me know if that is clear and helpful.

Customer: replied 14 days ago.
even though the old school were aware the daughter was leaving they can still insist on the performance of the contract if the notice was a mere 4 days late?
Expert:  INFOLAWYER replied 14 days ago.
No. There is an equity defense. A court will not allow full payment as excessive and school can fill the seat. Normally a small penalty is negotiated. If needed counsel can do so. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.