Contract—Construction

The parents’ children attended the claimant school which was a fee paying school. When the parents failed to pay certain fees, the school brought an action for payment of a term’s fees. The parents brought a defence and counterclaim alleging that the school was not entitled to recover the unpaid fees because it had acted in fundamental breach of contract, entitling the parents to rescind and/or repudiate the contract. The parents also made allegations of racial discrimination and bullying. The Queen’s Bench Division held that on he facts and evidence, the school had not acted in breach of any of its three contracts. The defence and counterclaim had therefore had to fail.