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I have a query about fees in lieu of notice for a child that…

Hello. I have a...

Hello. I have a query about fees in lieu of notice for a child that has not started at a school yet. Due to Covid-19 my daughter has had wellbeing issues about starting at a boarding school and the lack of provision of the education and in particular sports coaching she was 'sold' originally. She was offered the schools top netball scholarship and naturally the povision of training etc has changed. We informed the school a few weeks ago and they claim not to be able to fill her place. There is a clause in the T&Cs which relates to pandemics. In short we feel that they are unable to provide the services and education that was sold when we accpeted the place and therefore the contract should be void. My daughter has had considerable mental health worries about this as well as the debacle with GCSE results this year. My wife is taking anxiety medication on the back of all of this as well. I would value your thoughts on this. Best.

Lawyer's Assistant: The Lawyer can help you with the statute of limitations for that. Where are you located? These laws vary by state.

Apologies I am based in the UK.

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Answered in 46 minutes by:

8/26/2020

Solicitor: Jamie-Law, Solicitor replied 2 years ago

Jamie-Law, Solicitor

Category: UK Law

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Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

What does the contract say about pandemic or cancellation?

Customer reply replied 2 years ago

J Events beyond the control of the parties
106 Force majeure: An event beyond the reasonable control of the School or the Parents is a Force Majeure Event and shall include such events as an act of God, fire, flood, storm, war, riot, civil
unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic of disease, failure of utility service or transportation.
107 Notification: If either the School or the Parents is prevented from or delayed in carrying out its contractual obligations by a Force Majeure Event, that party shall immediately notify the other in writing and shall be excused from performing those obligations while the Force Majeure Event continues.
108 Continued force majeure: If a Force Majeure Event continues for a period greater than 90 days, the party who has provided notification under clause 106 shall notify the other of the steps to be taken to ensure performance of its contractual obligations.
109 Termination: If the Force Majeure Event continues for a total period greater than 120 days, the party in receipt of notification under clause 106 may terminate this contract by providing at least three working days' notice in writing to the other party.thanks for your help.

Solicitor: Jamie-Law, Solicitor replied 2 years ago

Just to be clear, what are they now offering wich is different?

Customer reply replied 2 years ago

the boarding is now just the new girls on their own house so no integration with other year groups or even existing girls in the same year within boarding house. there will be no availability to leave school and go into town in free time. sports are internal fixtures with no external competiive matches. the whole experience is different to boarding in comparison to usual.

Solicitor: Jamie-Law, Solicitor replied 2 years ago

Ok - then you can claim the contract is frustrated.

As such you can terminate without any fee.

They are not providing what was agreed. As such they can not carry the contract out as required.

So you can terminate.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Jamie-Law, Solicitor

Category: UK Law

Satisfied Customers: 19,931

Experience: Solicitor

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Customer reply replied 2 years ago

is that the terminology that i should use 'frustrated'? how should i approach the school now that they are demanding payment? thanks again this is very helpful.

Solicitor: Jamie-Law, Solicitor replied 2 years ago

Yes, frustrated is the proper term.

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