Legal Question in Civil Litigation in Nevada

Private School Contract

We need out of our 2008-09 school contract for our children as we cannot afford it anymore. The contract was signed in March 08 for the upcoming year. We have been at the school for 4 years and just can no longer afford it based on my husbands current salary (pay cut) which just occurred. Can we do anything or are we going to have to file bankruptcy, destroy our credit and lose everything because of this.


Asked on 8/18/08, 5:27 pm

2 Answers from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Private School Contract

As with most contracts, the party suffering a default must make reasonable efforts to mitigate its damages. In a private school tuition case, there is a defense to be explored concerning whether the school should take another student on a waiting list to make up the loss of the defaulting party's expected tuition. You could seek out and present another qualifying student, perhaps, to substitute your performance, and the school is thereby made whole.

Your attorney can explain further.

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Answered on 8/18/08, 5:45 pm
James Smith James E. Smith Ltd.

Re: Private School Contract

I am sure you can negotiate a way out of the contract. The school has an obligation to mitigate its damages by finding replacement students.

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Answered on 8/18/08, 5:45 pm


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