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Contract Withdrawal Provision

Business Law discussions

Contract Withdrawal Provision

Postby Jaynie » Sun Oct 16, 2016 4:21 pm

I have a tuition contract for my daughter's private school that includes a withdrawal policy stating that if student withdraws after July 1, 2010 the parent will owe 8 weeks of tuition. That part seems pretty straight forward. My question is, what happens if the entire contract was signed on July 1, 2010 essentially making it impossible to meet the withdrawal time requirement? Is that clause still enforceable?
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Contract Withdrawal Provision

Postby Leron » Sun Oct 16, 2016 9:52 pm

I have a tuition contract for my daughter's private school that includes a withdrawal policy stating that if student withdraws after July 1, 2010 the parent will owe 8 weeks of tuition. That part seems pretty straight forward. My question is, what happens if the entire contract was signed on July 1, 2010 essentially making it impossible to meet the withdrawal time requirement? Is that clause still enforceable?
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Contract Withdrawal Provision

Postby Hale » Mon Oct 17, 2016 3:44 am

Denny:

I would say that the clause is enforceable.  If you signed the contract on July 1, you knowingly agreed to the terms and the non-existent withdrawal time. A court would likely hold that you had the opportunity before signing the contract to negotiate a different withdrawal period, provided of course the school agreed to such a change.

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