5 ms·

There's all sorts of Force Majeure rules in life and contracts. e.g. I still have to pay for my kid's preschool she can't use. (Edit: Prepaid, not getting a re

There's all sorts of Force Majeure rules in life and contracts. e.g. I still have to pay for my kid's preschool she can't use. (Edit: Prepaid, not getting a refund) I'm not sympathetic to the airlines at all and think they should refund, but I don't think it is universally true that "can't deliver service = owed money back" in this pandemic.

tantalor 7y ago
Well, no, Force Majeure would give you an option to back out of your agreement with the preschool, including tuition. My understanding is Force Majeure rescinds the contract for Act of God (natural disaster) or Government (human-caused disaster). No contract means deposits and pre-payments would also revert. /ianal
- eloff 7y ago
  Unless you prepaid. I got forced into taking an apartment rental I wanted to back out of when I got laid off because I made the mistake of paying promptly. I might have had a chance to fight it otherwise.
  - tantalor 7y ago
    Not necessarily... the common law concept of restitution requires that the parties be returned to their original, pre-contracting positions. In reality, this means that the parties must return any prepaid monies or deposits https://www.agg.com/news-insights/publications/your-event-is-cancelled-because-of-covid-19-breach-of-contract-or-excused-performance/ https://www.agg.com/news-insights/publications/your-event-is...
    - usaar333 7y ago
      I think you are copying the section of when there is no force majeur section. See this legal article covering schools "https://www.fisherphillips.com/resources-alerts-comprehensive-covid-19-strategy-plan-for-independent" https://www.fisherphillips.com/resources-alerts-comprehensiv... -- they aren't legally obligated to refund if they have a force majeur provision in their contract.
- CPLX 7y ago
  That’s not really now Force Majeure works, there’s a lot more nuance to it than that.
mihaaly 7y ago
You accept this behavior, almost argue for it. That is wrong!
op00to 7y ago
I don’t have to pay for my kids school. My kids school refunded all unused funds.

tantalor 7y ago

Well, no, Force Majeure would give you an option to back out of your agreement with the preschool, including tuition. My understanding is Force Majeure rescinds the contract for Act of God (natural disaster) or Government (human-caused disaster). No contract means deposits and pre-payments would also revert. /ianal

eloff 7y ago
Unless you prepaid. I got forced into taking an apartment rental I wanted to back out of when I got laid off because I made the mistake of paying promptly. I might have had a chance to fight it otherwise.
- tantalor 7y ago
  Not necessarily... the common law concept of restitution requires that the parties be returned to their original, pre-contracting positions. In reality, this means that the parties must return any prepaid monies or deposits https://www.agg.com/news-insights/publications/your-event-is-cancelled-because-of-covid-19-breach-of-contract-or-excused-performance/ https://www.agg.com/news-insights/publications/your-event-is...
  - usaar333 7y ago
    I think you are copying the section of when there is no force majeur section. See this legal article covering schools "https://www.fisherphillips.com/resources-alerts-comprehensive-covid-19-strategy-plan-for-independent" https://www.fisherphillips.com/resources-alerts-comprehensiv... -- they aren't legally obligated to refund if they have a force majeur provision in their contract.
CPLX 7y ago
That’s not really now Force Majeure works, there’s a lot more nuance to it than that.

mihaaly 7y ago

You accept this behavior, almost argue for it. That is wrong!

op00to 7y ago

I don’t have to pay for my kids school. My kids school refunded all unused funds.