Legal Question in Business Law in California

Re: School tuition

I would just like to add to Mr. Telanoff's answer that the answer to your question may depend on the terms of the contract with the private school and whether your child has any specific disability that could affect rights under federal law, including the Individuals with Disabilities Education Act.

Moreover, the terms of your contract with insurance may affect the answer as well.

It sounds to me like you could use some more information from a local attorney if your situation is not merely a straightforward breach of contract action. Please feel free to call me or another attorney if the details of your situation are not fully illuminating the issues in dispute.

Re: School tuition

The answer is not as clear-cut as you might like, but the basic answer is "yes."

The school has a limited number of places for students. By giving one to your child, they have foregone giving it to someone else. They are therefore damaged if you do not pay the full tuition.

However, there is a concept in the law called "mitigation of damages." Simply put, if they have another student who fills the position vacated by your child -- and that student pays tuition, then the school's damages are lessened by the amount they receive from the new student. (Less the costs associated with getting that student)

So a first blush review is that they should refund to you an amount roughly equal to the tuition paid by the new student. Assuming that you prepaid for the entire term.

There are several factors that can influence this, however, including the terms of your agreement with the school.