Legal Question in Consumer Law in Massachusetts

Dance Lessons not fulfilling contract

Dance lessons are provided

to a student for several

years, at a few thousand

dollars a year, and a student

is not reaccepted onto a

dance team because ''her

dancing had gone down hill

for the last year and a half''.

At no time during the dance

season was the student told

that she was falling behind

or needed to improve, or

given a written evaluation

stating that her standing on

the team was in jeopardy.

I feel that the dance studio

had an obligation to teach

dance and that means

pointing out weak areas and

expecting improvement on

the dancer's part.

If the dancer was told the

quote written above, and that

was given as one of the

reasons that she was not

accepted onto the dance

team this year, then doesn't

that mean that the studio did

not complete their part of the

contract due to inadequate

teaching? Would this be a

case for asking for a refund

of last year's tuition?


Asked on 9/19/06, 8:50 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Dance Lessons not fulfilling contract

Unless I have misunderstood your statement, you have not made a case that there was an agreement, enforceable or otherwise, that would support your position: the student is entitled to a refund.

Were you to describe an enforceable obligation by the studio that stated that there was a promise, and the promise was materially broken, then I would re-evaluate my position.

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Answered on 9/19/06, 9:18 pm


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