If one made a verbal agreement that they will not take their child out of a day care in the middle of the year to place them in a different school, and now they broke their agreement, generally speaking (I know there are probably exceptions to this case) is it true they would need to pay the remainder of the tuition if they still decide to do so? Please provide marei mekomos. Thank you.
Answer:
In general, day care and school institutions work on a monthly basis. This means that starting to send a child to the day care will be a kinyan (see Shulchan Aruch, Choshen Mishpat 333:2) for that month, and for that month only.
However, a verbal agreement can change the nature of the “employment.” The Rema rules if it was agreed that a teacher will be employed for two years, then beginning the first year will be a kinyan for the entire two-year period.
This will apparently be true even here. However, it can depend on the nature of the “agreement.” Sending the child will only be a kinyan for the entire period if the verbal agreement was made in this context – meaning in the context of a financial – work related agreement – and not as a “I hope we’ll send him for the whole year” or similar statement.
Best wishes.
