Consumer Law, Warranties Is this a breach of contract

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BetterLandlady

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Greetings:

This question is about Childcare provider contracts. a provider signs a contract with a client for childcare. in that contract it specifies that if the child in care breaks anything the parent is responsible either for the replacement value or a replacement the decision is up to the provider.
Child breaks a video game system. Parent is notified says she will do as the provider requests, to purchase a new one. After two weeks and school holiday the parent returns without the system and no longer wants to replace it. The next day the child doesnt return. the parent sends a text two days later terminating the contract.
the provider informs the parent that legal action will begin and then the parent places in the provider mailbox a noticeably used system. Provider goes to court for a replacement, but the judge throws out the case stating the right form was not used. Is this a breach of contract?
 
It sounds basically like a breach. What form were you supposed to have used? Why did the judge throw your case out?
 
That's it my friend wasn't sure of the form and I think she filed for replacement of item but she probably should have filed for breach of contract right?
 
It depends on the small claims rules in your jurisdiction. If there's a form for breach of contract, try that.
 
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