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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
I have read you information above, thank you for that. What is unclear, is whether you gave the school a full terms notice as required as per clause 4.6 ?
Thank you for that additional information, that will be helpfull in allowing me to advise you today.
I full understand you frustration with what you have explained. However, if the clause is there in the agreement and is clear about the requirement for a full terms notice to be served, then very sorry to say but the school could and most likely would enforce that clause and seek that terms fees from you. Failure to settle would be a breach of contract. If they took the matter to court, the you could also be looking at interest payments and costs.
No, it is a contractual clause, if you breach that, you are liable for the loss caused, in this case one terms school fees.
You can ask for evidence that they have not immediately filled the place.
They do not have to to show what they have done, there is nothing in that clause saying that they have to.
Under contract law, as long as they have not immediately filled the position at no loss to them, then you are legally and contractually liable to them.