What can be done about a breach of a written agreement?
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What can be done about a breach of a written agreement?
The medical school that my daughter was planning to go to this fall accepted too many students. They offered a $10,000 scholarship to any student agreeing to take a 1 year deferment. She accepted the offer with an e-mail request to receive matching funds should offers be increased. She received an e-mail response that she would receive matching offers. She received the next offer of $15,000. Since then, several students received $60,000. She wrote requesting the same amount, but has not received an answer. We obviously don’t want to cause any ill feelings with her school. What should we do?
Asked on August 15, 2010 under Business Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I would without a doubt consult with an attorney in your area on the matter. I am going to assume that the original offer was in writing, correct? And she accepted via e-mail. Here is my concern: although contracts do not always have to be in writing to be valid, certain contracts - like for the sale of real estate - have to be in writing or they violate what is known as the Statute of Frauds. Was there any provision in the letter indicating that acceptance in writing was a condition of acceptance? And they acknowledged the e-mail? And did they convey another offer via e-mail which "validated" so to speak their confirming that there would be matching offers? I think that you have a shot here. Go for it. Good luck.
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