Getting a Contract Reimbursement due to Disease and Injury

[akoni1]

I signed on with a Martial Arts Studio in March of 1999. I was diagonosed with Reiter's Syndrome in April of 1999. This hindered me a little in my hip, but it was getting better. I then hyperextended my knee at the end of June. This new injury put me out of the class for seven months (Jul. 1999 - Feb. 2000). The disease really slowed down the healing process and I still had problems with my hip. I tried to return in Feb. 2000. I attended the class in Feb and March of 2000, but then dropped out again. I have recently met with my doctor and my disease combined with my injury may never allow me to attend this martial arts class. I still have four months on my contract that I want to get out of and also would like to be reimbursed for the seven months I was out. This doesn't look like it will be very easy to do. The studio uses a collection company to run all of the accounts and my experience is that companyies like those never want to give refunds. What steps should I take? From pure principle it looks like I should receive a refund. It looks to me it won't be that easy. Any advice would be helpful.

Thanks,

Tony Witherspoon

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by akoni1:
I signed on with a Martial Arts Studio in March of 1999. I was diagonosed with Reiter's Syndrome in April of 1999. This hindered me a little in my hip, but it was getting better. I then hyperextended my knee at the end of June. This new injury put me out of the class for seven months (Jul. 1999 - Feb. 2000). The disease really slowed down the healing process and I still had problems with my hip. I tried to return in Feb. 2000. I attended the class in Feb and March of 2000, but then dropped out again. I have recently met with my doctor and my disease combined with my injury may never allow me to attend this martial arts class. I still have four months on my contract that I want to get out of and also would like to be reimbursed for the seven months I was out. This doesn't look like it will be very easy to do. The studio uses a collection company to run all of the accounts and my experience is that companyies like those never want to give refunds. What steps should I take? From pure principle it looks like I should receive a refund. It looks to me it won't be that easy. Any advice would be helpful.

Thanks,

Tony Witherspoon<HR></BLOCKQUOTE>


My response:

Now, why would you believe that "From pure principle it looks like I should receive a refund"? Courts do not look to "principle." There must be some law or legal precedent that would allow you to receive a refund, under your facts. The studio is not responsible for your medical situation. They have a contract and are "ready, willing, and able" to live up to their end of the bargain.

All because various human calamities occur, doe not a refund make. While under contract, people die, fall prey to disease, or any number of things that keep a customer, such as yourself, from being able to benefit from a contract. That doesn't mean there is a Breach of the contract by the Studio. And, an inability to "gain" or "take" the fruits and bargains of a contract is not a breach when there is no fault on the part of the other, contracting, party.

Let's give another example. You buy a car from a dealer. You take out a 4 year loan, and you take delivery of the car. One year into the loan, a calamity occurs, and you're no longer able to drive the car, e.g., due to blindness. Does that mean that the purchase contract is now cancelled or subject to a refund? Does that mean that the car can be returned? Of course not. The manufacturer and dealer are innocent parties to the contract and are entitled, nonetheless, to their end of the bargain.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited June 15, 2000).]

 

[akoni1]

I AM ALWAYS LIABLE,

Thanks for the info. I didn't think about it that way initially.

Here is a little more info:

The injury did happen at the studio during one of their classes by another student. The other student was paying attention to the instructor and performed an aggressive move.

Going on with a similiar analogy to yours. I get an airline contract to purchase 5 years of airline tickets for business. A passenger brings the plane down and I'm paralyzed. Am I still suppose to buy the airline tickets?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by akoni1:
I AM ALWAYS LIABLE,

Thanks for the info. I didn't think about it that way initially.

Here is a little more info:

The injury did happen at the studio during one of their classes by another student. The other student was paying attention to the instructor and performed an aggressive move.

Going on with a similiar analogy to yours. I get an airline contract to purchase 5 years of airline tickets for business. A passenger brings the plane down and I'm paralyzed. Am I still suppose to buy the airline tickets?<HR></BLOCKQUOTE>


My response:

Well, now in your example scenario, you're bringing in a third-party tortfeasor - - e.g., "but for" the "other" passenger's malfeasance or tort, would the airline be responsible? Since we have only been discussing two parties, you and the studio, I do not reach a conclusion on your airplane example, which would be decided under different laws and remedies anyway. Ergo, not a good example.

In your situation, and my example of a car purchase, we have only been dealing with the actions of the parties to the contract (you and the studio), and not some other third person who intervenes to disturb the benefits of a contract between the two, intitial, contracting parties.

There are specific case law precedents, however, that deal with injuries occurring during a sporting event, such as Martial Arts; and Martial Arts are within the category of sports. In such training, if you get hurt during a training session, you knew, or should and could have known, that injury to yourself could occur because that is the nature of the Martial Art, or the sport. If your injury was suffered as a result of another student's actions, that injury is "non-compensable" in part because that is the "assumption of risk" you assumed in taking such training. That, further, students are there to learn, and as part of that learning process, you knew, or should and could have known, that other students could and would make mistakes; e.g., kick another person, like yourself, incorrectly.

That doesn't mean that the other student did anything wrong under the circumstances, and that the Studio "heightening" the risk - - rather, that's the "accepted" risk in such a sport and learning process, and Maritial Arts is a full contact sport - - even during learning and practice sparring. Injuries occur, and it is known by you and the studio that the same could happen at any time, to anybody.

There is no breach, and I respectfully conclude, you are not entitled to any refund whatsoever, for this or any other calamity you have proferred in this post to advance your theory for a refund. This is the chance you accepted, and the Studio is entitled to its money.

Also, in furtherance of your airplane analogy, it is not an accepted risk, or part, of airplane travel to accept the wrongful and "purposeful" actions of a lawbreaking, interfering, third-party, passenger.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."