QUESTION
I could not fulfill a contract due to back problems and paid for services - can I get a refund?
Asked on Oct 13th, 2015 on Contracts - Minnesota
More details to this question:
Contract was originally for two years of employment counseling to help me in securing new employment. I used 13 months of a 24 month service and then my back went out on me. The contract was extended several times, the last time left open ende for when I was feeling better However, that was 2 years ago and the degenerative nature of my back disease makes it improbably that I will be able to receive full consideration of this contract. Do I have any basis to claim a refund? Undue enrichment on their part since I did not recieve a full 24 months of service, and that this was due to no fault of my own? Minneapolis, MN
1 ANSWER
Small Business Law Attorney serving Bel Air, MD
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Law Offices of Max D. Miller, P.A.
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In all likelihood the answer to your question is going to be addressed in the language of the contract itself. Knowing they way these contracts are typically written they may assure you they will continue searching for a job for you, but in your case that will not do you any good. In the unlikely event there is some language in the contract addressing your inability to work during the course of the job search period, those provisions would have to be looked at. If the contract does not address what happens if you become unable to work, one position you could possibly take would be to assert "impossibility" which may require them to refund some of the fee. They may well not agree with that theory, and ultimately it would then have to be decided by a judge, an option which you maynor may not feel is justified. I've worked thru chronic back issues for years myself, and seen many clients do the same. I wish you the best.
Answered on Oct 14th, 2015 at 4:54 AM