QUESTION

is a contract binding if you break it before serviced rendered?

Asked on Jul 14th, 2015 on Breach of Contract - Texas
More details to this question:
We signed a contract for childs upcoming school year. She was unhappy with her education, but we didn't know where else to send her. She was then accepted to the school of her choice. Can we break our agreement with the school that we signed a contract with?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I'm assuming that the contract doesn't contain a provision giving you the option to cancel it withing a certain period of time.  That being the case, it is possible that you have a defense to the contract (e.g. you signed it under duress, you were defrauded into signing it, you lacked legal capacity to contract, etc.) but none is apparent from your email.  The fact that the contract has not been performed yet is not a defense.
Answered on Jul 15th, 2015 at 12:56 PM

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