Legal Question in Civil Litigation in Michigan

Coercion in contracts

On the first day of class, the company thru which my daughter is learning to drive sent home a form stating that they would charge parents $5 for every 15 min. that the student was not picked up after class. The instructor had the kids cross out ''15 min.'' and write in ''5 min.''. Then, getting this form signed was assigned as homework. Nowhere on the contract that we originally signed was this fee mentioned. This seems like coercion to me. Is this legal?


Asked on 6/30/04, 12:10 pm

1 Answer from Attorneys

Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Coercion in contracts

Once the terms of a contract have been agreed upon, the contract cannot be modified, except by mutual agreement and an exchange of something for value. If either party has performed under the contract (For example, if the fee is paid, or if the first lesson is given), that performance demonstrates reliance on the contract terms, which further limits the ability of one of the parties to avoid the contract. Check to see whether the contract limits how long a student may stay at the place of business and whether it allows additional fees to be charged. Unless the agreement allows it or a subsequent agreement was entered into between the driver school and the parent, Michigan law does not allow unilateral modification of contracts.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.

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Answered on 6/30/04, 12:37 pm


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