public high school banning class of 2008 from parking on campus legal or not?

[CourtClerk]

one more thing to add, the school allowed students to buy there parking spot for the first time ever, i bought mine cause i hate scouting for parking would the school be obligated to return that money?

Probably, if they are deciding not to make the parking spaces available anymore. I would think they would have to return a prorated amount.

 

[marbol]

They don't have to provide parking unless there is some contract somewhere that compels them to provide it. Remember, entities have an almost unlimted ability to form contracts.

The OP should try to find anything that may be construed to compel the school to provide parking. Something that comes to mind is that some schools sell parking permits that are valid for the year. Such a permit, especially if you have paid money to obtain it creates either an explicit (if you signed something) or at least an implied contract for the shool to allow you to park there. If all of a sudden they stop providing this service, they are in breach of contract.

Having said that, unless you want to take them to court - and you will graduate before it comes to trial, then you should work out an amicable solution to your problem.

Some suggestions include finding out who is defacing the school property. Set up some night vision cameras at some distance and leave them recording. Hard disks and computers that can do this are cheaper now. A few days of sureilance might show that it could be a rival school that is doing it. If so, call the cops - present your proof and I bet the problem is solved.

Work WITH your principal and not against him/her. Go to his office, and set up a meeting with him and yourself. Involve your school student government if you have one. Show him you want to work towards the common goal of getting yuor parking back or keeping it.

If you do this, I'll bet he tries to work with you. it will show good initiative. He will want to solve the problem as well.

Hope that helps.

 

[marbol]

Probably, if they are deciding not to make the parking spaces available anymore. I would think they would have to return a prorated amount.

Breach of contract is not always solvable by a simple partial refund of services. A contract needs to be fulfilled to be considered valid. A third party cannot instantly proclaim that simply a partial fulfillment is adequate.

For instance, let's say you need someone to provide electricity for you for a year in exchange for 100 dollars. You contract with someone to provide it, but they stop providing it halfway through. No one else is available at this point to provide electricity so you have to purchase a generator for 500 dollars, and buy gas for 300 more. In this case, the original contractor does not simply get out of the deal if they refund you 50 dollars. You have damages.

If you are indeed a court clerk, you should know this.

 

[xylene]

I will say this much:

Collective punishment is not going to have the effect the principal desires.

Been there, seen that - fail.

Collective punishment does not work.

Well or mal-intended.

Whether you are Pol Pot or Father Flanagan.

Wait and see - Vandalism and disrespect for the proper exercise of authority up alarmingly, and the parking lot still won't be black...

 

[CourtClerk]

Breach of contract is not always solvable by a simple partial refund of services. A contract needs to be fulfilled to be considered valid. A third party cannot instantly proclaim that simply a partial fulfillment is adequate.

For instance, let's say you need someone to provide electricity for you for a year in exchange for 100 dollars. You contract with someone to provide it, but they stop providing it halfway through. No one else is available at this point see belowto provide electricity so you have to purchase a generator for 500 dollars, and buy gas for 300 more. In this case, the original contractor does not simply get out of the deal if they refund you 50 dollars. You have damages.

If you are indeed a court clerk, you should know this.

I am indeed a judicial assistant and you should also your "penalties" argument is so flawed it's not even funny. Except to some letigous hound dog maybe... And you are banking that there is no other alternative to get to school. Not simply that the OP doesn't want to utilize the alternate methods. Does every member of the student body have a vehicle? Is there off street parking? The OP does not have a fundamental right to utilize the school's parking lot. Also, the OP's question was whether or not they are BOUND to return the money, in that case, if they return the money and the OP accepts it... then yes, it is a breach per se, but there is no cause because the OP received consideration... and accepted it. I can go on and on with scenarios on how the district would trample all over this case (if there actually was one).

Go ahead... convince a 17 year old to sue the School District. After 100K, they'll lose (no attorney in their right mind would take it on contingency)... and she could have had her $50 (prorated of course for the amount of time the space was already utilized) back before the say 5 years it would take him/her to get it to trial.

 

[marbol]

I am indeed a judicial assistant [...]I can go on and on with scenarios on how the district would trample all over this case (if there actually was one).

Go ahead... convince a 17 year old to sue the School District. After 100K, they'll lose (no attorney in their right mind would take it on contingency)... and she could have had her $50 (prorated of course for the amount of time the space was already utilized) back before the say 5 years it would take him/her to get it to trial.

Practically speaking, you are, of course, right. I wasn't trying to convince anyone to litigate this for real. It wouldn't even be worth the filing fee in small claims court.

As I said earlier, best bet would be to negotiate instead of dig in against school officials.

That being said... I simply believe that schools nowadays act way to arrogant. They think you are obligated to go to them, so they act that way. that will change someday.