Legal Question in Business Law in California

My school has a contract stating that if u get ur phone taken they charge you 10 dollers for it back. That is like selling your phone back to you and they principle doesn't even use the money for the school. Is that legal??


Asked on 5/26/11, 1:03 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You say this is written in a contract. If your family agreed to the terms of the contract then yes, it's legal.

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Answered on 5/26/11, 1:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What else is in the contract? In order for a contract to be enforceable, there must be consideration. However, the things people can bind themselves to do by contract is almost unlimited. It would be illegal to contract to open a brothel or to sell beer at high school dances, but there is nothing illegal about agreeing to buy back a confiscated telephone for $10 and nothing illegal about agreeing that the $10 is a personal gift to the principal. If you don't agree with the terms of a contract, don't sign it.

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Answered on 5/26/11, 2:10 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only add the following. Don't engage in behavior where they can take your phone and guess what? There will be no payment issues. Doesn't that make the most sense? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/27/11, 6:12 am


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