Postby Gingerfizz » Wed Apr 22, 2020 6:28 pm
Accepting a reduced fee for this term doesn’t mean that there has been a breach of contract at all.....it’s obviously mutually beneficial (to parents and the school) that the school continues to provide an education to its students and it has taken the view that it will accept a reduced fee for a reduced or changed service. It may well be the case that under the terms of its contract it can offer a reduced service.....it could also be the case that current circumstances relieve it of its obligation to provide any service either by force majeure or frustration or by express provision in the contract. If the school took the view that the contract was frustrated then they would be under no obligation to provide any service whatsoever. Most schools have a provision which would allow them where, for example, a building burns down, to suspend teaching for a period and that doesn’t necessarily imply a breach of contract. The fact is, different schools have different terms and provisions in their contracts. Anyone who is concerned about the level of fees being charged or the level of service being provided by their school would need to read the entire contract and take appropriate legal advice from someone who is actually suitably qualified (not someone who says that they are a lawyer anonymously on social media) in order to definitively say that there was a breach of contract.
If you have managed to negotiate a reduction in fees that you and other parents are happy with, then that’s great...but that’s not an acceptance by the school that the contract has been breached....and now I am going to socially distance myself from this thread as I have said all that I need to and have made my point...bye.