Can I sue the company breach the contract?

Additional Information:

We signed a contract with an after school this May. Our family financial situation changed due to unemployment in August, which is beyond our control. We discussed this with the director to work out a best solution, not terminate the contract. We agreed on the phone on August that my daughter would stay in the after school program until a replacement is found. But on the first day of school, we found out that our daughter was denied entry into school without any form of advanced notice. Director refused to provide the service we have paid for.

This school is a private company. I have paid two months tuitions in advance according to the contract. I told the director I have difficulty to pay tuitions in the near future and want her to find a replacement as soon as possible. She refused to provide the service on the first day of school without any notice. When I protested her action. She said you broke the contract. But I have never sent a cancellation letter to the company.

Is this a Anticipatory breach: a situation in which future non-performance is inevitable? An anticipatory breach gives the non-breaching party the option to treat such a breach as immediate, and, if repudiatory, to terminate the contract and sue for damages (without waiting for the breach to actually take place).

Sorry to hear. I am a little confused regarding the facts of your case. I assume you are dealing with a company (after school program) in Massachusetts. If so, I recommend you contact a Massachusetts attorney to review the respective contract. If you did not cancel the contract, and assuming there is nothing in the contract that provides the company the right to cancel the contract in the case your financial situation changes (unemployment), then you should have a case against the company.

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