If I broke a contract early due to a safety issue, can I still be sued?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I broke a contract early due to a safety issue, can I still be sued?

My son’s day care had him in an unsafe sleeping conditions. I gave 1weeks even though the contract stated that we need to give 2 weeks notice. He was in the daycare for 5 weeks until I could find a childcare that we could afford and that we liked. Because of this safety issue, can she sue me for breaking the contract?

Asked on November 30, 2011 under Business Law, Florida

Answers:

Jonathan Baner / Baner and Baner Law Firm

Answered 12 years ago | Contributor

Can she? Sure.  Will she? Probably not.  Is it a bad idea? Certainly, because then you counter sue her for breach of contract (failure to provide safe housing of child as agreed) where your damages may be higher than hers.  You also get the defense of excusable breach (not actually a defense - more of a remedy you get to use).

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption