QUESTION

Do I have a case to argue frustration of contract?

Asked on Dec 10th, 2020 on Contracts - Iowa
More details to this question:
We signed a daycare contract for your 3 year old son on July 31 for this school year. The contract stated the payment amount and that we would enroll in daycare for the entire school year. This contract did not have any language about how either party could exit the contract early. About a week after we signed the contract we found out that our oldest son needed to be completely isolated, until there is a vaccine, due to a medical condition. His Dr. advised against our youngest going to daycare due to the lack of Covid mitigation , and how that would affect our oldest child's health. So we contacted the daycare provider and told her that we could no longer use her services for the upcoming school year. We offered to pay her for a month plus our deposit . She is now suing us for breach of contract. Do I have a case to argue frustration of the contract, since the level of mitigation and care required has changed unexpectedly?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can argue frustration of purpose, as many have due to covid.  In New York, at least, these arguments have rarely prevailed, but your facts are better than most.  You should review the contract, however, to see if it contains a "hell or high water"and/ or "force majeure" clause which would contractually pace the risk of some unforeseen event, such as the pandemic, on you.
Answered on Dec 10th, 2020 at 2:20 PM

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