Legal Question in Civil Litigation in Massachusetts

Re: Child Care Obligation

The answer depends upon the language contained in the contract and requires a more detailed factual explanation from you. However, judging only from the info you provided, it sounds reasonable for you to claim the service provider breached its obligations to provide safe and secure services to you and your child, and that it has arguably breached that obligation. Since its breach of the contract would essentially render the remaining contract terms moot, you would not be required to honor other provisions, like the early termination clause. Besides, you terminated early only because of their breach of the contract first, not for some self-serving reason. Their deficient performance under the contract is the reason you terminated early. The problem lies with them. Thats my initial reaction.

Re: Child Care Obligation

If you would face DSS questions of neglect by leaving the child there, you clearly had cause to remove the child, and should refuse to pay the fee. In addition, if this was the case, you should take the additional step of reporting the situation to the licensing authorities.