Paying off a debt

[Eyen]

Hello.
There was an agreement concluded between student and sponsor where terms and conditions about payment for education and subsequent work of student for sponsor were stated.
There are the paragraphs as follows:

Liabilities of the Student: <...> To work for the Sponsor not less than three years after graduation from University.
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Parties will not be responsible in full or in part for the non-performance of obligations under the present Agreement, if such non-performance was caused by force-majeure circumstances. Parties would immediately inform each other of such circumstances after they take place.

After successful graduation from the university student had worked 1 year for sponsor but died suddenly. Will the family of the student in any way be responsible for paying off study expenses in such case? According to the agreement relatives are held liable for student as well since the amount of fees paid for education is considerable.
Thank you.

[Ian J]

Unless there was any other small print covering this I can't see why the deceased's family would have any liabilities under that agreement at all. You can't get any more force-majeure than death surely.

[bwglaw]

The entire agreement needs to be reviewed by a lawyer. In some cases liability can transfer to the personal representatives but I suspect not in this case because the person whom is sponsored cannot fulfil the contract.

[Dr Lunnon]

without reading it all it's hard to say but on the face of it just having read that the contract was between them and the student so the family should not have to pay out, given the situation i would consider it illadviced of the sponcer to try and claim

[Eyen]

The investigation of this suicidal case by company will begin this December. I translated the contract and hope there is not too many mistakes.

1. Parties of the Agreement
1.1. Some Company hereinafter referred to as the “Company” in the name of Director General, acting on the basis of the Regulations.
1.2. Some University hereinafter referred to as the “University”, in the name of University Secretary, acting on the basis of the University’s Memorandum.
1.3. Some Person hereinafter referred to as the “Student”.

2. Subject of the Agreement
2.1. Subject of the Agreement shall be education of Student at the University majoring in Some Course for Some Period. The start date of the course is Some Date.

3. Liabilities of the Parties
3.1. Liabilities of the University
3.1.1. To enroll Student to the University.
3.1.2. To provide Student with tutoring in the framework of the taught courses, mentioned in paragraph 2.1.
3.1.3. To provide Student with accommodation.
3.1.4. To issue the certificate to the Student after graduating from the University.
3.2. Liabilities of the Company
3.2.1. To make all necessary arrangements in order to provide Student with tuition in the University.
3.2.2. To cover Student’s tuition fee and accommodation fixed by University.
3.3. Liabilities of the Student
3.3.1. To acquire all kinds of professional skills, in accordance with qualification characteristics and educational plans provided by the University to observe and comply with the rules of internal policies and procedures of the University.
3.3.2. To work for the Company not less than three years after graduation from University.
3.3.3. To refund all expenses associated with the education in the University to the Company in case of expulsion from the University due to inadequate reasons of failure to appear or refusal to work for the Company.
3.3.4. To arrive to place of employment at the latest to Some Date.

4. Payment procedures and amount of the Agreement
4.1. The Company will transfer the funds to the account of the University upon submission of the invoices from the University.
4.2. Total value under the present Agreement amount to Some Amount. It consists of: Course (Some Amount) and Accommodation (Some Amount).
4.3. The cost of tuition is fixed and beyond any changes during currency of the present Agreement.

5. Alteration of Agreement, liabilities of the Parties and settlement of disputes
5.1. Conditions of the present Agreement will only be changed by consent of all Parties to the Agreement in written form.
5.2. In case of prolongation or cancellation of the Agreement, the Parties will inform each other about with an official letter (fax) not later than three months before the expiration of validity of the Agreement.
5.3. Unilateral refusal of fulfillment of individual terms and conditions of the Agreement is forbidden, except for cases stipulated by the legislation compulsory for the Parties.
5.4. All disputes and differences between the University and the Company which may arise out of the present Agreement will be settled by means of negotiations. In case the Parties fail to reach an agreement on such dispute or difference they will refer to the Some Court.
5.5. Parties will not be responsible in full or in part for the non-performance of obligations under the present Agreement, if such non-performance was caused by force-majeure circumstances. Parties would immediately inform each other of such circumstances after they take place.

6. Validity of the Agreement
6.1. The present Agreement will inure from the date of its signing and registration in accordance with the legislation and will remain in force until Some Date.
6.2. The present Agreement has been made in triplicate one for every Party. All three versions will have equal legal force.

7. Legal Addresses and Bank Details of Parties
Addresses and bank details of the parties.

UNIVERSITY
Signature
Seal

COMPANY
Signature
Seal

STUDENT
Signature

[Eyen]

The company pays for a large number of students (whose parents are employees) but cases of their failure to return happen. In such cases the common practice of the company is to legally oblige the student to return otherwise to sue out their parents to pay off the debt.

[bwglaw]

Eyen, are you in the US?

[Eyen]

No I reside in post-USSR territory, so I guess legislation may be different.

[bwglaw]

No guess, it will be different.

In Georgia by chance?

[Eyen]

Unfortunately, no.
Sorry for not introducing myself. My name is Eugene, I'm not from family of the deceased, but I was asked to post this subject at English forum to know the opinion of foreign lawyers. The meeting with a lawyer showed that probably family can face partial responsibility.