Legal Question in Business Law in New York

Re: Contracts

Some of the facts need to be disclosed in order get some idea of the intention of the parties.

Where was the teaching to take place?

If it was to take place at your home, then the contract seems to be enforceable.

If at the school, then there is a problem because the school is no longer at its original location.

Where is the teacher?

If he has not moved there is no reason why the lessons should not continue, unless, of course, the school building is essential.

Is there someone just as capable to teach the course?

Guidance is impossible without additional facts.

Re: Contracts

There are insufficient facts here to properly respond. Was the contract in writing (statute of frauds question)? What were the terms? Was there any provision for force majure (act of god that prevents the contract from being fullfilled - the school burned down)? Where was the teaching to occur - in the school specifically or could it be done anywhere? What rights of termination of the contract exist? What if the teacher could nor perform (got ill for example)? Was the location guaranteed - what if the school was to move? It appears there are claims on both sides and the best answer is probably to try to negotiate a mutual termination. Without having a copy of the contract and more information, this is the best I can suggest now.

Re: Contracts

Happy Holidays--

I received your inquiry on 12-26-2000.

It would appear that the fire is an Act of God, which generally relieves you of liability. However, I do not know what the contract states, or whether, though I doubt it, he is covered by a collective bargaining agreement.

The fact that the school moves, unless the location was a condition of hire, generally should not affect his obligations, but again, I do not know what the contract states.

My practical suggestion is to cut a deal with him to buy him out for the remainder of his contract or not pay him and let him sue you and raise any available defenses.

Actually, you should consult with an attorney and provide all documentation at your disposal for the consultation.

In the event that you have any other questions, please contact me directly at [email protected] or call me.

Good Luck.

RRG