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Author Topic: Should I drop out?  (Read 8373 times)

tttony

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Re: Should I drop out?
« Reply #60 on: June 26, 2008, 11:56:33 PM »
sorry if i was not clear earlier.  i 1.98 is a 2.0 because when compared to the same number of integers it is matching. integers to integers.  look up other cases regarding rounding in your state.  dwis maybe or maybe some internet carrier in use %.   if they argue, explain to them ambiguity and then tell them they have 40 attorneys here and it is not your fault they are retards and cant write a contract when the charge people thousands of dollars for the class.
 best of luck and let us know what happened

wrhssaxensemble

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Re: Should I drop out?
« Reply #61 on: June 27, 2008, 08:03:35 AM »
I wasn't aware that they round these things. Do they really? If I get a 3.98 (hahaha!) is that considered a 4.0?

I don't get this, obviously.

It's probably a losing argument.  However...

Your GPA could already be rounded up from a 3.977 to 3.98 because your school observes a 4.00 grade scale.  However, if a K is formed between student and school, and school says student has to keep a 2.0 GPA (rather than a 2.00 GPA), then I can see the argument that a 1.98 rounds up to 2.0, just like a 1.977 rounds up to a 1.98 on a 2.00 grade scale.

Plus, contracts was way too long ago for me now, and I've forgotten pretty much everything, but I vaguely remember a doctrine about ambiguity that says the interpretation of one party might control in a K under certain circumstances.

I think you are referring to the idea that if a contract is ambiguous and the first party knows or has reason to know of the second party's interpretation and the second party does not know nor has reason to know of the 1st party's interpretation then the contract is formed on the second party's interpretation. If neither party knew or had reason to know of each other's intentions, however, then there is inadequate mutual assent (as some put it, no "meeting of the minds" took place) and neither is bound..... I guess it is just an attempt for courts to try to combine subjectivity with objectivity.

So here, though it seems like the original poster should have had at least a reason to know that the school meant 2.00 or above. But he of course would argue that the school should know based on correspondences etc. that he would believe it meant a 2.0 or what rounds to a 2.0. If neither of them knew though then the contract would be void regardless so it wouldn't help him any.


Pretty sure that's how most courts view it. I might be wrong though and it might only be under Article 2 of the UCC in which case it wouldn't apply anyways since no goods were exchanged. Pretty sure it is a common law rule though since I remember something about courts wanting to move slightly away from the decision in the Peerless shipping case which used an entirely objective standard.

tttony

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Re: Should I drop out?
« Reply #62 on: June 27, 2008, 08:56:49 AM »
so you believe the LAW school would argue that every scholorship contract that it drafted was facially invalid?  talk about embarrassing.  If you sue look for about $5,000 for confidentiality i mean that settlement agreement would be great publicity on here autoadmit and jdunderground

wrhssaxensemble

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Re: Should I drop out?
« Reply #63 on: June 27, 2008, 12:25:29 PM »
so you believe the LAW school would argue that every scholorship contract that it drafted was facially invalid?  talk about embarrassing.  If you sue look for about $5,000 for confidentiality i mean that settlement agreement would be great publicity on here autoadmit and jdunderground

well, I mean, how else would they get out of it in this circumstance? couldn't really claim they wouldn't have reason to know right? I mean I suppose they could but it would seem pretty hard to prove

tttony

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Re: Should I drop out?
« Reply #64 on: June 27, 2008, 01:09:52 PM »
They could reinstate the scholorship as the contract requires. 

gratif

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Re: Should I drop out?
« Reply #65 on: June 27, 2008, 01:31:25 PM »
Man that's really funny. Good try!

The scholly letter says "good academic standing" and is not quantified, but the academic policy manuel says...

III-C-1. Good Academic Standing

A. Basic Rule

To maintain good academic standing:

 1. a first-year student must achieve a minimum GPA of 1.75 for the first semester and a GPA of 2.00 for the second semester;


good try though.

Honestly, even if I got the full scholly back, I like the quitting decision.  two more years of law school and 40 grand more debt for bleah job prospects... Not making me happy.

wrhssaxensemble

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Re: Should I drop out?
« Reply #66 on: June 27, 2008, 02:17:50 PM »
They could reinstate the scholorship as the contract requires. 
You're right... from a practical stand point that is probably what I imagine they would end up electing to do. But I was speaking from a litigation standpoint, assuming no settlement etc. in response to an earlier post about contract interpretation

gratif

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Re: Should I drop out?
« Reply #67 on: June 27, 2008, 04:39:44 PM »
Pedantic lawyers much? ;)

Did you know that more presidents have dropped out of law school (6) than completed it (5)?


gratif

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Re: Should I drop out?
« Reply #68 on: June 27, 2008, 04:51:10 PM »
IM HITTING THE ICE ROAD!!!!!!!!!