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 SATISFACTORY EVIDENCE prior to 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? They didn''t even ask about the counselling at all.
1 ANSWER
Michael Stolzar
One would have to review the entire agreement. Most agreements have provisions that failing to follow a provision does not prevent future enforcement of the contract or that provision and that any waiver of a provision does not bar future enforcement, so the school probably can enforce the agreement/
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Answered on Jun 25th, 2012 at 2:22 PM