Legal Question in Legal Ethics in California
Contract with daycare provider
My two children were being watched by licensed daycare provider in calif who was leaving my 2-yr old unattended in her frontyard. I called state licensing and said as long as its fenced school aged kids are OK but toddlers should be supervised. I called the provider to discuss the issue and she got defensive and said '' since you�re so unhappy with my standard of care it�s probably best you seek new daycare for both your children, because I have two other kids on my waiting list that I am more than happy to take right now�. You she hung up the phone on me. I called her back and left a message but she never returned my call. I called her at 9:30pm that night and said Im taking her advice and will seek new care for my kids and I didnt take my kids back to her the next day. One week later, she has mailed me a certified letter with my signed contract stating I owe her 2 weeks pay. The contract says she requires a 2 week notice. Do I have to pay this since she gave me her verbal termination over the phone and then refused to communicate with me??? I dont know my rights in this matter. Im now paying another provider and cannot afford to pay her as well. I do not owe her back pay. She simply wants her 2 weeka as per her contract.
2 Answers from Attorneys
Re: Contract with daycare provider
You have a very close case. Frankly, as an attorney, I could argue either side (and believe in it).
If you get to court, most judges will not permit oral explanations to void a written contract: thus, you lose.
I would do nothing, and let her take you to Small Claims Court. If nothing happens, fine! If she sues, tell your story to the judge!
Re: Contract with daycare provider
I don't see it as closely as Mr. Bennett. I would argue that she made an anticipatory repudation of the contract, giving you the right to suspend your performance. Mr. Bennett is right that there are arguments on the other side, but when you get down to the issue of damages, she admitted that she had two kids on her waiting list that she could take immediately, thus mitigating her damages entirely. In the end, however, my answer is the same as Mr. Bennett's - ignore her.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
