Can a student tutor be charged with

I’m a high school senior, aged 17. I was approached by a client on Craigslist. I gave this client my price for teaching her students, however she told me that she was a single parent with 3 kids, and asked me to lower my price. The lady and I agreed on a price. I created a contractwhich she denies seeing that had all the terms, such as the fact that she is paying ahead for her sessions, and that there

would be no refunds. After a couple days of tutoring I noticed multiple times the parent driving luxury cars. I then understood that she had played on my emotions. I texted her and asked her for a raise in the following month. She then came to my home and asked for a refund for the classes I had not

taught. I stated the policy and she became aggressive and threatened to call then police. I told her to call the police and the police came and stated how the topic was a civil one and asked the lady to leave. Afterwards. I offered to settle and give her the remaining money, yet she is suing me for pain and suffering. I was wondering what case she could make against me and if her case will hold up in court.

Asked on October 23, 2017 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no viable claim for "pain and suffering" in a disagreement over a contract: the law simply does not allow pain and suffering compensation in contractual cases. Even in a "tort' case (based on doing something violating your general legal duty to other people, like by intentionally harassming or assaulting them, or hitting their car while driving negligently/carelessly), the "victim" has to prove with evidence the pain and suffering--e.g. show medical evidence of the harm--and cannot get compensation just by saying "pain and suffering" without proof. Nothing you have written indicates liability on your part for pain and suffering, and if she does file a lawsuit, you should strongly considering filing a counterclaim for "malicious use of process" or "abuse of process" (different states may use different terms)--i.e. for maliciously filing an invalid lawsuit for an illegal purpose, such as to coerce you into paying money you don't owe her or to harass or punish you.


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