Contract for a Daycare

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Contract for a Daycare

I recently pulled my kid out of a daycare because of an employee neglecting my child and mistreating another child. My contract states I must give them 2

weeks notice/tuition if I want to remove my child. Since I pulled her out without

2 weeks notice because I feared for her safety and well being, am I liable for

the 2 week tuition? I feel like they did hold up their end of the contract by not providing a safe environment but I realize the law might be different.

Asked on July 31, 2018 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you would normally be liable for tuition for the notice period (that is, the two weeks) your were supposed to provide. A breach of contract can enable you to terminate a contract early without penalty, but:
1) You'd have to be able to show what provision or term of the contract they are violating. If you can't point to a specific provision, you can allege that overall, you were not getting what you were paying for or were expecting to get, but that can be more difficult, since you have to establish what the services should have consisted of (what any reasonable person would believe they consist of) and that what they did (or were failing to do) violated it. This can be very subjective (subject to personal opinion or interpretation): one court might agree with you, another might not. For instance, how much "neglect" is too much to bear? (Remember: perfect service is never required.)
2) You'd need evidence of the violation; if the only evidence is what your young child says, it may be hard to prove your case.
3) Only what involved your own child would justify a termination of contract for breach--"mistreating another child" is wholly irrelevant, since that has nothing to do with whether you were getting the services, etc. you should.
You can initially state you are not paying, but if they insist on payment and look like they'd sue you for the money, you may wish to consider whether saving the two weeks is worth having to deal with being sued, given that you winning the lawsuit is not guaranteed.
TAKE DOWN YOUR BAD ONLINE REVIEWS! If *anything* in them is at all exaggerated or arguably false, they could sue you for defamation. The satisfaction of posting a bad review is not worth potential litigation.


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