QUESTION
If we entered into a private school contract but material facts about what they would be teaching were withheld can that be considered silent fraud
Asked on Oct 29th, 2017 on Contracts - Minnesota
More details to this question:
The principal painted a picture of being more flexible and inclusive than they actually are. She knew we were liberal scientists, that we didn't know much about her denomination and that we didn't know all they would teach our children (we told her and we asked about two specific topics we knew to ask about). After starting (and paying full year tuition/fees) we found out they teach the earth is 6000 years old. She clearly chose not to advertise that and had reason to know it would have changed our decision to apply/enroll. We know people of our age cohort from that denomination who were not taught that, we didn't know it was even possible they would teach it and she's alleging we "should have known". We want the contract nullified as a misrepresentation through omission of material fact or silent fraud. They are now offering a full refund only if we sign essentially a gag order that's too broad to trust.
1 ANSWER
It's an interesting case and a close call, whether a school has an affirmative duty to inform prospective students (or in this case their parents) about the entire curriculum. Certainly, if you asked and the school lied, I think that would be a material misrepresentation, and you could void the contract based on fraud in the inducement, but I don't know if there is an affirmative duty to volunteer the information where you didn't ask. I'm not saying that there isn't, only that it isn't a slam dunk either way. It could cost more in attorneys' fees to litigate than you've spent on tuition. On a practical level, moreover, you're being offered a full refund, and your only objection is that you don't want to sign a non-disclosure agreement. I don't know what you mean about "too broad to trust", but unless you have some reason why you need to mention the experience in the future (and I can understand why you would feel the need to let other parents know about this before they make the same mistake), maybe you should consider the settlement.
Answered on Oct 30th, 2017 at 1:36 PM