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 9 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).

 


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