QUESTION
Can a person breach a contract if the person who made it, already breached it by allowing the person back
Asked on Jan 18th, 2012 on Contracts - New York
More details to this question:
My son was readmitted to school after an expulsion on the following terms:
That he should seek counselling and help for his drug problem and provide proof of such before being readmitted.
Any further breach of the drug policy will result in an immediate expulsion.
Myself, my son and the principal all signed a contract agreeing to these terms
The school ignored the first term about seeking help and admitted him without further mentioning it. They have now accused him of breaching the drug policy and want to expell him. Can they do this even though they didn''t follow the contract by readmitting him?
1 ANSWER
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Probably. Whose responsibility was it to seek counseling? And did they know he didn't do it, or just assumed and trusted him that he did.
It is hard to create a waiver unless they knew.
Answered on Jan 18th, 2012 at 3:41 PM