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1. Why do you believe they disagree?
They indicated that because my daughter is not staying until the last day of term as stated in their t&c.
This spring term has started on 6/1 and runs till 30/3. I am querrying it because it does not mention they need a full term notice and my daughter is not leaving at an end of term.
Whilst reading and interpreting the clause in a direct way may suggest that the pupil must wait until the end of the term, in or before which the notice was given, the actual application and enforceability of such clause would depend on a number of separate factors.
A more important aspect would be when the notice was submitted, rather than when the pupil left. If you met the requirement for giving notice (i.e. on or before the first day of term) then that would matter more than whether your daughter left partway through her final term. This is especially true if you have paid the final term's fees because the aim of a cancellation clause is to compensate the other party for reasonable losses arising out of the cancellation. If you have paid the final term's fees, then even if your daughter leaves partway through it, you can argue that the school has not lost any money as a result, in fact it would be in a better position as it does not need to provide any services but has still been paid. Therefore, if they wish to claim that you have not adhered to the clause because she has left partway, then you can argue that this turns the clause into a penalty clause rather than just a cancellation clause. Penalty clauses are unenforceable and often illegal and would not hold up in court.
So if the school wishes to rely on that argument, you can reply that you are treating the cancellation clause as a penalty clause and that it would be unenforceable.
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