verbal modification to written contract?

My wife is a child care provider in our home in California and has a written contract with all parents that two weeks notice is required when withdrawing their child from her care or they forfeit the $90 deposit.

Last week a woman came to our home during child care hours very upset at my wife, saying she tried calling 30 minutes earlier but no one answered so she was taking her child and never coming back. My wife was surprised by her acusations and quickyl apologized, explaining she did not hear the phone ring, but the women went on that she was ready to call the police and that she wanted her deposit refunded immediately.

My wife referred her to the written contract, saying deposits are not refundable without 2 weeks notice. The woman became more upset and went on how she was prepared to do "whatever she had to do" to get her money back. My wife was feeling intimidated and wanted to get the woman out of her house so she said she would mail her a check. After discussing the situation later with me, my wife sent the woman a letter stating that because the child was withdrawn without notice the deposit was non-refundable.

QUESTION: Today the woman called my wife saying she was taking her to small claims court for the $90, claiming my wife made a verbal contract with her to refund the $90. Was this actually a verbal contract given the duress my wife was under at the time? If it was a verbal contract, wouldn't the written contract be more valid than the verbal? Any advice would be greatly appreciated!!!

Thanks,
Joe

babsonjr said:

Today the woman called my wife saying she was taking her to small claims court for the $90, claiming my wife made a verbal contract with her to refund the $90. Was this actually a verbal contract given the duress my wife was under at the time? If it was a verbal contract, wouldn't the written contract be more valid than the verbal? Any advice would be greatly appreciated!!!

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The simple fact is... a verbal modification of a written contract is NOT enforceable.
However, I have to wonder.... wouldn't it be simpler to ask the lady to sign a written agreement barring her making ANY derogatory comments to anyone about the day-care..... and then giving her the money back?? After all, it is only $90.00.... and the consequences of a 'pissed off' loudmouth customer could far outweigh that amount.