Ask a Lawyer
Ask a Question

Posted Jan 18th, 2012
Can a person breach a contract if the person who made it, already breached it by allowing the person
back

Additional Details:
My son was readmitted to school after an expulsion on the following terms: That he should
seek counselling and help for his drug problem and provide proof of such before being readmitted.
Any further breach of the drug policy will result in an immediate expulsion. Myself, my son and
the principal all signed a contract agreeing to these terms The school ignored the first term
about seeking help and admitted him without further mentioning it. They have now accused him of
breaching the drug policy and want to expell him. Can they do this even though they didn''t follow
the contract by readmitting him?
Legal Topic Area: Contracts in NY

Probably. Whose responsibility was it to seek counseling? And did they know he didn't do it, or just assumed and trusted him that he did.

It is hard to create a waiver unless they knew.


Answered on Jan 18th, 2012 at 3:41pm