Personal contract law, anyone know the law?

[T.C.]

Is there anyone here with any decent knowledge of contract law?

Not for me I hasten to add, but relating to my daughter and her college.

She is re-taking her A levels and therefore re-doing her first year of college. The new head of 6th form has introduced some draconian rules, which includes every student re-doing their first year signing a contract regarding their attendance, punctuality, dress code, abscence from college and a few other things.

She and others were told to sign this contract, otherwise they would be required to leave the college, and if they failed to honour the contract they would also be required to leave.

At the time she signed, she was still a minor (she is 18 today) and was given no opportunity to look at and digest the contents, and we as parents were not given the opportunity to study or get advice before it was signed.

Somewhere in the back of my mind, I am sure that this is an unlawfull practice, but it is not my area of law, and it is not something we deal with as a firm.

Any constructive thoughts guys?

You are welcome to PM me if you require further information, I just want to make sure I am on solid ground before I start making waves

[Aladinsaneuk]

they are trying that on

suggest that you ask cab - or better yet an anonymous phone call to the local news paper

[Samray]

Couldn't possibly be legitimate could it?

unless as an amended earlier contract which when signed agreed to amendments.

Crazy !!

[Kwackerz]

Dont get me started on contracts....

I agreed a contract with my employer, then signed up to continue service for a futher 2 years after that.
My old contract, I could buy myself out early (PVR) yet the new one I cant, which is fair.. however at no stage did they tell me the contract comes into effect early and doesnt start when the other ends.. (kinda overwrites the old one if you see what i mean) other one cancelled as of the 4th this month, 2 years early!!

I wont go on, however if anyone DOES know someone good at contracts, lemme know too. It's a principle thing for my problem, not anything that will need sorting, im doing the extra and dont plan getting out, just ultra peed off at the underhand way they did it...

[BikerGran]

Mike did contract law as part of his transport degree (many years ago) and says at age 17 there are grey areas, under 16 would be different. For instance, you can have a contract of marriage, or a contract of employment etc.

Although if there has been 'undue influence' a contract can be null and void.

So yes, the answer is take informed advice.

[Dalemac]

I have just done my first year of uni, so my 6th form life is just about still in my memory (too much alcohol....)

We didnt have to sign anything at a-level. Im not sure why they even feel the need to make a contract as these things should be outlined in the code of conduct - and the 6th form can dismiss students if they break the code of conduct anyway.

I doubt there is anything legal about - it certainly isnt a legal requirement anyway unless things have changed in the last year or so.

Dale

[Samray]

http://www.telegraph.co.uk/education/21 ... racts.html

State schools in England are to be given fresh powers to turn children away if parents fail to agree to a school's distinct "ethos".

[T.C.]

Her behaviour in school has never been an issue, her grades throughout the first year were looking at A's and B's, but due to her meningitis a few years ago her imune system is shot and she did have some time off sick, not to mention she lost a few people close to her which understandably affected her.

Even though she was told that she was on target to achieve good grades, she dropped a couple of grades in her finals (still good passes) so she decided to resit her first year.

However, the new head of 6th form decided that the traditions that had gone before, and despite promises she made to students prior to the end of the previous term were meaningless, even though she didn't know any of the students.

Now in terms of attendance and personal conduct, I have no issue with at all, in fact if she was anything other than well behaved, I would have something to say , but things like choice of clothing (the head of 6th form is insisting that they all go back into school uniform ), no piercings, no body art, no unauthorised abscence, even though many of her tutors don't turn up for classes, presuming students will do free study, and their common room can only be decorated in a style that is approved by the head of 6th form (which is usually decorated with art course work) on top of other issues all seems to be somewhat draconian, even though the college has never had problems with students knuckling down and doing their work.

It is not just my daughter, but several others who have also chosen to re-sit their 1st year of 6th form to get better grades (my daughter is studying forensics, chemistry, Biology art and law) have been required to sign whilst the 2nd year 6th form have been told they can carry on as per last year, and nothing has been said to this years batch of 1st year 6th formers

The letter has just arrived in the post asking us to countersign, (two weeks after my daughter was told she must sign) and I am reluctant to do so until I am sure that everything is above board and they provide sufficient funds to pay for her school uniform.

[Dalemac]

Sounds like he needs to learn that a 6th form without students wont do very well!

6th form should have a similar setup to college - no uniform but sensible clothing.

For us, 6th form was not school. you gave and recieved more respect from staff, and you wernt treated like little kids. This new 6th form head seems like a complete spoilsport, will command little respect from his students and teachers.

i would question his reasoning to enforce these frankly silly and unneseccissary rules.

[BikerGran]

Sounds like an entirely unfounded assumption that people re-doing their first year must have been messing about last year - when it seems to me that redoing it just shows their perseverance and determination to do better!

[Aladinsaneuk]

write to the school stating that you are unhappy with this contract system and why

and also state you wish to explore the legal aspects of this

call ofsted and discuss it with them

finally, make an appointment to see your MP - they may very well be interested in this

[T.C.]

I had a meeting with an old friend of mine yesterday who just happens to be a contracts specialist lawyer (which I had forgotten about ) even though we were meeting to discuss my area of law.

The contract is quite legal (for reasons I won't bore you with) it is they way they have applied it that makes it, shall we say dodgy but the contents are actually quite reasonable.

So, we are going to countersign it, but I will raise the subject when I go to a meeting with this head of 6th form in a few weeks time and see what advice she took before writing it, but to be more specific how they went about getting the students to sign.

The real issue in law is the duress they put the kids under to sign (even though a minor can sign a contract) and the fact that they were not given reasonable time to examine, consider or consult over its contents, and that they had to sign there and then. So I have plenty of ammmunition, and strangely enough all the other parents have raised concerns as well, so it looks like I am going to be appointed the frontman on behalf of the other parents


The issue I now have is that the 12 who have stayed on have been required to sign this contract, but the new kids and those who have moved up have not been required to sign anything.

This sounds like discrimination as surely the rules should apply across the board?

[D-Rider]

I didn't feel sufficiently qualified to respond before - but my thought too was that it was signed under duress.

I quite agree that if one section of the 6th form have to be bound by it, then all the 6th form should - and maybe, to be a balanced contract, it should also set out what the students can expect from the school.

It really is rather poor that a school that should be trying to promote the values that contribute to a good society should be acting in a manner that is discriminatory.

[BikerGran]

to be a balanced contract, it should also set out what the students can expect from the school.

That was another thing that Mike said, to be enforceable a contract must be fair, ie there must be a benefit to both parties.

[GregD-UK]

Hi all,

What a touchy subject. Firstly you have the agreement in a contract, the need for a valid offer and a valid acceptance. Consideration and intention to be legally bound. Contents is distinction between terms and mere representations, then express and implied terms. Exemptions (exclusion or limitation) clauses. Mistakes, quite common, terminology and mistake in equity.

Then, the BIGGY, misrepresentation, duress, and undue influence. T.C. Duress renders a contract voidable. Rescission will normally be sought from the courts. In North Ocean Shipping Co Ltd c Hyundai Construction Co Ltd (The Atlantic baron) (1979) the court found economic duress but refused rescission on the ground that the plaintiff had affirmed the contract. Duress involves coersion.

Illegality and capacity, Discharge (Performance, agreement, breach, frustration). Remedies for breach of contract. Privity of contract.

Guess, the fact that, after your daughter signed the contract, the head now seeks the "Acceptance," of the parents, this affirms that there is privity of contract, as a third party is involved. Suffice to say, the contract would seem to be with your daughter, you (parent), and the school (6th form head). It would appear that, although may be a binding contract, he (head) may have sought legal help for framing of the contract, this might not be valid, as the school surely must have guidance from the education secretary i.e. specific guidelines from the education secretary.... check gov website, would be my first port of call.

The contract must be "Fair," for all 6th formers, or none, that falls under exemptions clauses...

Get the local mp involved T.C. By the way, this is off my brief knowledge gained 2000 off my Bus & Legal Studies Degree, sorry if I have give you stuff you already know T.C. after all, you are a solicitor/lawyer my friend...