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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 rescind
by 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 agoUnless 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 agoNot 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 agoI 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 agoThat’s not really now Force Majeure works, there’s a lot more nuance to it than that.