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Author Topic: cause of action against school?  (Read 2460 times)

NotReally

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Re: cause of action against school?
« Reply #10 on: April 22, 2007, 02:18:56 PM »
not even close to a cause of action.  No wonder you don't have a 3.0 you must have had a bad grade in both contracts and torts.  I am serious.  Unless they only enforce it against black kids or something, you are out of luck. 

umassguy

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Re: cause of action against school?
« Reply #11 on: April 22, 2007, 08:00:18 PM »
WOW. First of all, I actually did rather well last semester finishing in the top 15%. Furthermore, I started this post out of curiosity. Just wanted to know what people thought. This policy has upset quite a few people throughout the part-time crowd. I never actually intended to sue the school. In fact, I am working and attending school at the same time so this program happens to be a better fit for me.

However, I am sure "NotReally" is some sort of legal genius who gets off on attemtping to demean people on a law school message board. Nice try pal. 

shimra

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Re: cause of action against school?
« Reply #12 on: April 22, 2007, 09:05:03 PM »


However, I am sure "NotReally" is some sort of legal genius who gets off on attemtping to demean people on a law school message board. Nice try pal. 

It would seem to depend on first and formost on any materials you signed to complete the contract and get into the school.  Did the school mention the opportunity to transfer in the contract or other writings would be my first question?  Some schools tend to advertise the fact that you can transfer when you join the night class.  Did they make representations as to what GPA would be required, either in writing or orally before you joined?

Finally, it would depend on what sort of parole evidence rule your state has.  If your a strict parole evidence jurisdiction, your going to have an extremly hard time of it if the gpa requirenment to transfer isn't in the contract.  If you have a weaker parole evidence rule, you have more of a case as to bringing in oral discussions or evidence as to non enforcement of a contract provision. 

Also, what's the customary practice in academia is probably also relevant, whether schools generally switch requirenments in the middle of a semester. 

shimra

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Re: cause of action against school?
« Reply #13 on: April 22, 2007, 09:08:59 PM »


However, I am sure "NotReally" is some sort of legal genius who gets off on attemtping to demean people on a law school message board. Nice try pal. 

It would seem to depend on first and formost on any materials you signed to complete the contract and get into the school.  Did the school mention the opportunity to transfer in the contract or other writings would be my first question?  Some schools tend to advertise the fact that you can transfer when you join the night class.  Did they make representations as to what GPA would be required, either in writing or orally before you joined?

Finally, it would depend on what sort of parole evidence rule your state has.  If your a strict parole evidence jurisdiction, your going to have an extremly hard time of it if the gpa requirenment to transfer isn't in the contract.  If you have a weaker parole evidence rule, you have more of a case as to bringing in oral discussions or evidence as to non enforcement of a contract provision. 

Also, what's the customary practice in academia is probably also relevant, whether schools generally switch requirenments in the middle of a semester. 

One more thing, your jurisdiction might have a good faith and fair dealing requirement, where they can't just change the rules of the game in the middle of the contract?

jimmyjohn

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Re: cause of action against school?
« Reply #14 on: April 22, 2007, 10:10:41 PM »
WOW. First of all, I actually did rather well last semester finishing in the top 15%. Furthermore, I started this post out of curiosity. Just wanted to know what people thought. This policy has upset quite a few people throughout the part-time crowd. I never actually intended to sue the school. In fact, I am working and attending school at the same time so this program happens to be a better fit for me.

However, I am sure "NotReally" is some sort of legal genius who gets off on attemtping to demean people on a law school message board. Nice try pal. 

Yeah right.  You never mentioned that you were "just curious" in the original post.  You only became less than interested when people shot down the ludicrous notion that you can sue your law school for enforcing a requirement that was already in place to begin with.  But if you read the last two messages, you do have one person who is willing to take your case.  Good luck. 

umassguy

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Re: cause of action against school?
« Reply #15 on: April 22, 2007, 11:24:04 PM »
I never explicitly stated that I wanted to sue. One would have to be nuts to actually do that. However, shimra had the right idea. Thought it might lead to an interesting contracts question. Oh well, guess I should have expected the typical law student know-it-all attitude.

stan

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Re: cause of action against school?
« Reply #16 on: April 23, 2007, 05:39:43 AM »
UMassguy, not sure if you are new to this board but only about four to five people are allowed to ask questions here without it somehow turning on how much of an idiot you were for asking the question in the first place. Just keep in mind that most of these law students are probably in the bottom half of their class, but when they come on here they become editor-in-chief of Harvard's law review.

I never explicitly stated that I wanted to sue. One would have to be nuts to actually do that. However, shimra had the right idea. Thought it might lead to an interesting contracts question. Oh well, guess I should have expected the typical law student know-it-all attitude.

JohnnyAwesome

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Re: cause of action against school?
« Reply #17 on: April 23, 2007, 03:44:43 PM »
I really think everyone here is over-lawyering the problem. If it's a rule they are just starting to use, and if you know of people transferring without the 3.0 before I would give it a try. Talk to your dean. Now if you have a 2.95 and you're  trying to transfer you may have a valid argument. If you have a 2.25 it's going to be much more difficult. I would suggest doing it soon so you need to take the summer classes required to get you on pace with the full time students. If you're in the top 15% then you should have a good argument. Your curve sounds brutal if a sub 3.0 lands you in the top 15%.

bobbykurva

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Re: cause of action against school?
« Reply #18 on: April 23, 2007, 05:02:50 PM »

One more thing, your jurisdiction might have a good faith and fair dealing requirement, where they can't just change the rules of the game in the middle of the contract?

I don't think this is correct. The good faith and fair dealing requirement is not a stand alone cause of action. It's an implied piggy back principle that requires "good faith" in performing an express term in a contract.

squarre

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Re: cause of action against school?
« Reply #19 on: April 23, 2007, 05:16:21 PM »
I am currently a 1st year part-time student. I entered the part time program with the intention of transferring to full time after the first year. At the beginning of the second semester, my school enacted a policy which requires a minimum GPA of 3.0 to be able to transfer to full time. Before this year, the "policy" supposedly existed, but it was never enforced. Could there be some sort of claim pursuant to contract law? Perhaps, reliance or mis-representation? Did the school waive their right to hold students to the requirement? Let me know what you think.

- Umass guy
For there to be any cause of action the following would need to be true: The school guaranteed in writing and always allowed EVERY part-time student admission into the full-time program, without exception, at the discretion of the student.

I personally don't feel there is any contract that carries over from year to year between each student and the school - in a general sense.  I am also willing to bet that even if the claim had potential to exist (I don't think it ever would), the law school or university itself has language somewhere that says policies can be changed at the will of the school.

I also think you would have a very hard time showing any damage that results from not being given admission to the full-time program. 

As a practical note I think you would have a next to impossible time of getting anyone to accept your case.