The terms may be express (ie, stated in clear terms in the contract) or implied (whether by conduct or by law). Often parents will find that the level of education being provided to pupils is not of a sufficiently high standard. Alternatively, the Court could make an order of specific performance whereby the party in breach must fulfil a particular term of the contract which they previously failed to do. Excellent service. This is the method for calculating the damages to which theinnocent party is entitled. In order to protect your rights and interests, it is always important to ensure that, where practicable, any contract you enter into is recorded in writing: letters and emails can be useful evidence when proving the existence of a contract. Sending your child to a private school might give rise to lawsuits that would not occur in a public school setting, such as tuition disputes. The School sued Mr and Mrs M in the County Court for unpaid fees (claiming for breach of contract) and the parents cross-claimed against the School for compensation for unsatisfactory education (also as a breach of contract). A âcontractâ does not have to be a written document in order for it to be breached. They withdrew our children from the school because my husband and I had a conference with them to discuss why they fired one of our children's teacher. The private school, however, is not an arm of the government. However, some of the contractual terms between the school and the parent may not ⦠In the case of St Christopher School (Letchworth) Ltd v Schymanski and another, between September 2007 and April 2010 the defendants' sons attended the claimant school.The parents signed forms accepting the offers of places and acknowledging that they were individually and jointly responsible for payment of the school's fees. Private school students do not enjoy the wealth of constitutional rights afforded to students in public schools. A breach of contract can occur in various ways, for example, if Party A fails to pay for goods or services provided by Party B, or Party B fails to provide those goods and services to an acceptable standard. Any loss you have suffered must have been a direct consequence of the breach of contract. The first hurdle in proving breach of contract is to show that a legally binding agreement existed in the first place. The terms of the contract dictate how the contract is to be performed by each party. You could argue breach of contract although legally, by keeping your children there, you are agreeing to the breach and have technically created a new contract with them. Breach of Contract. Elements for Breach of Contract Claim ⢠Existence of a valid contract ⦠7. There must be a clear intention on both sides to be bound by the terms of the agreement. I outlined three different causes of actions that typically come into play: Breach of Contract Claims; Fraud; and, Negligence. If We are suing our children's previous private school for breach of contract. This free legal resource is useful for both organisations and individuals. Map & Directions, DX 200007 Twickenham Burnetts produces a range of articles, employment law e-bulletins and factsheets. This might be in writing or you might have discussed it. ”, “ In order to do this, there must be clear evidence of what the other partiesâ obligations were under the agreement, for example, the Terms and Conditions, and proof that those obligations were not performed or not performed well. By Matthew Moore 16 May 2009 ⢠⦠Twickenham At the conference, they were offended that we questioned them and how they went about firing the teacher. We have assisted a number of parents with the following disputes (this list is not exhaustive): Given that the legal relationship between a parent and a school in the independent sector is one of contract, parents will necessarily demand a high level of service in return for fees paid. A pupil attending a fee paying school could in similar circumstances sue for breach of contract. The third and final hurdle in proving breach of contract is probably the most significant and yet the most onerous to overcome. Courts have pretty consistently held that the nature of a relationship between a student and a private school is contractual in nature. Breach of contract/negligence claims Given that the legal relationship between a parent and a school in the independent sector is one of contract, parents will necessarily demand a high level of service in return for fees paid. Essentially, damages = money. What Can I Sue a Private School For? The parents withdrew their children from the school, which cannot be named for legal reasons, and are now seeking damages for alleged breach of ⦠When assessing damages in cases of breach of contract, the intention is to place the injured party back to the position they would have been in, if the breach had not occurred. This is a hypothetical question which asks, what position would the injured party have been in if the breach had not occurred? 1. For more information on breach of contract contact Sadie Cuthbert here. âThere seems to be no rational reason why the mere absence of consideration should lead to a ..... different result when comparable services are provided by a public authorityâ. Therefore, private schools do not have the same responsibility a public school has to provide a student with a disability an appropriate education, for instance, or to protect a student from ha⦠Parents often feel vulnerable in disputes with independent schools as these schools do not need to conform to the Education Acts or Guidance issued by the Department for Education the way state schools do. Our specialist team has extensive experience in dealing with disputes on behalf of parents against independent schools. The dispute came to litigation. webenquiry@matchsolicitors.com, © 2018 Sinclairslaw Limited. Two of my children attend a private school. Match Solicitors showed genuine concern for my daughter’s case and worked tirelessly to achieve a satisfactory outcome. Suing someone for breach of contract is not always straightforward and, in order to do so, you must first overcome a series of legal hurdles to prove a breach of contract. 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