Legal Question in Credit and Debt Law in California
No contract was signed
I signed a contract for a computer class. Then the school told me that I can upgrade the contract to the Technical Bundle(TB = a package that offers the enrollment to any class within one year at a one-time fee). I paid off the 1st class and upgraded to the TB. They told me the new balance, and we arranged for the monthly payments. Within the next 3 months, I took two more classes and paid the 3 monthly payments. I discovered that they only charged my classmates $500 per class. On 4th month, I informed the school that I wanted to cancel the TB. They told me that by canceling I would have to pay the full listed price for the courses totaling $2,500(900&1600). It is at this time that they explained the contract for the TB including its cancellation policy and refund policy to me. I have never seen or signed the new contract for the TB. I currently owe the school $1,417(2,500 minus the three payments of 361). Upon the agreement of the TB, was the school required to provide the terms and conditions of the TB for which my signature was required for my full understanding of the agreement including its cancellation and refund policies? Am I required to pay the current balance of $1,417 even though no contract was signed?
2 Answers from Attorneys
Re: No contract was signed
Technically speaking, those terms didn't necessarily have to be in the contract you signed. Practically speaking, a party would have almost no chance of enforcing complex conditions like the ones you described unless it was part of a written contract.
In any contract, the parties must be aware of the proposed terms and the parties must mutually assent to those terms.
If that's sounds like a bunch of mumbo-jumbo, call my cell and we can talk about it.
Regards,
Ben
949-278-5220
P.S. Is this school called Horizon, by chance? I had a client who had troubles with Horizon once.
Re: No contract was signed
oral contracts are just as enforceable as written ones, however, they are harder to prove in a court of law. however, all contracts must show a mutual agreement between the parties as well as consideration to bind the parties to the agreement. if you would like to give me more facts regarding your oral agreement terms or lack thereof, please feel free to contact me directly. [email protected] 562-743-1357
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