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 MUST 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
Michael Stolzar
The contract must be reviewed carefully. Many contracts contain clauses permitting another waiver or not requiring enforcement of every breach. Thus it might very well depend on the precise contact wording. This is not intended to be legal advice,and is general in nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Jul 06th, 2012 at 4:02 PM