Contractual Relationships

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Textbook:Kaplin, W. A., & Lee, B. A. (2014). The law of higher education, student version (5th ed.). San Francisco, CA: Jossey-Bass.

Readings: Chapter 3: “The College’s Authority and Liability” (pp. 101–118, 125–131)

Chapter 7: “The Student-Institutional Relationship” (pp. 343–375, 476 –489)

Chapter 9: “Student Disciplinary Issues” (pp. 580–598)

Contracts. (2010). In D. Batten (Ed.), Gale Encyclopedia of American Law (3rd ed., Vol. 3, pp. 174-190). Detroit: Gale.

Contracts consist of several elements that must exist for the contract to be valid and enforceable. These include the offer, the acceptance, the consideration (what is exchanged between the parties), a meeting of the minds, authority or capacity to enter into the contract, and a legal purpose.

The readings discuss contractual relationships involving students and higher education institutions. Choose an aspect of a contract you believe is particularly challenging.

1. What do you find challenging about it?

2. What evidence do you feel is necessary to clarify the contract?

3. What kind of contractual rights do students have when dealing with higher education institutions?

4. How do contractual rights fit in with academic discipline and discipline for other issues?

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