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I signed a contract application for my

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children''s private school. The...
I signed a contract application for my children''s private school. The contract allowed for three separate payment choices and allowed us to cancel by a certain date. The contract also stated that upon acceptance of our child an executed copy of the contract would be provided to us. Two things happened after we signed the contract. First, we requested a change in payment option and the school sent an email to us notifying that they''d change the option in their computer system (They never provided a new contract to modify.) Second, soon after the cancellation period, we received a contract for the sale of our home which solidified our move from the area. We immediately notified the school that we were moving and would not be attending. During this time, and even now, 6 months later, the school never sent us a copy of the executed contract with their signature. They are asking that we pay the contract amount. Question: Is contract valid and do they have a case?
Submitted: 9 years ago.Category: Legal
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Answered in 5 hours by:
3/1/2008
Lawyer: Dave Kennett, Lawyer (JD) replied 9 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
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Satisfied Customers: 27,689
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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DearCustomer- Based on your facts I would agree with you that a contract was never completed. No money changed hands (I assume) hence no consideration and you never received the executed contract back from the school. Obviously they can try to claim there was a contract and theoretically could sue you but I believe you would win your case.

I would simply write them back and state that your position is that there is no completed contract and that you are denying liability. Beyond that you really can't do anything. If they sue then you will have to defend but I think that if they consult their lawyer they will be advised that they have a weak case.

David Kennett - JD - Attorney at Law

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Customer reply replied 9 years ago
Reply to Dave Kennett's Post: Thanks. I did forget to mention that we had to pay a non-refundable deposit with the original application. I assume that would not classify as consideration due to the non-refundable nature?
Lawyer: Dave Kennett, Lawyer (JD) replied 9 years ago

It could be an issue but you never had a signed contract form the school. A deposit is similar to earnest money in a real estate contract which does not mean that the contract is completed. I still think your argument is good and they still would have to sue you to collect. You never received any benefit from the contract and they really lost nothing in that no services were ever provided.

Dave Kennett

Dave Kennett
Dave Kennett, Lawyer (JD)
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