QUESTION
why am i liable for the cost of braces retainers
Asked on Dec 06th, 2013 on Breach of Contract - Maryland
More details to this question:
My son had braces put on in feb and is required to wear them for 26 months. We will be moving to AZ from MD and interupting treatment. Why am I liable to pay for retainers that the orthodontist will not provide my son? the orthodontist will not provide me with the cost breakdow of the braces and retainers in order for me to pay for the balance of the braces only. My son will continue treatment with a new orthodontist which will provide him with retainers
1 ANSWER
You have a contract with the orthodontist to provide certain materials and services for a given price. Unless your contract says that it is terminated if you move, or that you can terminate at any time without penalty, it is still binding on you.
However, unless the orthodontist has already paid for the retainer, he/she should not be entitled to the full price, but only the damages he/she will suffer from your breach, i.e. the profit he would have made on the retainer (the amount he was charging you minus the amount he would have to pay the retainer company.)
Answered on Dec 06th, 2013 at 3:13 PM