Contract Law Part 3 : When a Contract is Breached at School
As discussed in the previous parts of this contract series, there are various contacts a Principal may enter into on behalf of their school. Setting aside the enrolment contract for the purposes of this article, it is important for principals to understand the implication of entering into contracts with service providers on behalf of their school. Contracts may be entered into with service providers for a multitude of reasons including to provide school utilities, contract building works, canteen facilities, website design or function venue hire. The Principal is considered to be an agent (representative) of the school and can enter into contracts which bind the school.
Unfortunately, not all contracts are carried out as planned and this can become problematic for the school. Issues may arise because products or services provided are not what was intended when the contract was entered into, because the provider has been misleading about the terms of the contract, because the contracting party refuses to comply with some or all of what was agreed or there is a dispute as to the terms.
Can I get out of a contract?
As discussed in part one of Contract Law, a contract may not be valid if it is illegal or otherwise unfair. You may also be able to end a contract where there has been misrepresentation of the goods or services or where an essential term of the contract has been breached. Each issue would need to be considered individually to tailor the most appropriate legal advice for you and your school.
Disputing a contract
If you cannot resolve a dispute by talking with the service provider, you may seek to get Brennan Law Partners involved. This may begin with a legal letter explaining your concern and asking the contractor to remedy this concern.
How can Brennan Law Partners assist?
If you have any questions regarding any information in this BLP Brief, we welcome you to contact us at any time.
This is meant as a guide only and should not be taken as legal advice.