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¶ … Lewis applied to college based on the promise of his application being assessed based on "scholarship, character and motivation" and this was in addition to "academic achievement". Upon reviewing the details further, Sam later found realized that non-academic factors were included and sued on the grounds that the contract was violated.
Rule
The rule to be assessed here is whether there was a contract and, whether verbal or written, whether the contract was violated.
At the end of the day, it is going to come down to what was said, what was not said and what was actually done. Given that, here is what seemingly happened:
• There was not a written contract in the sense that there was not a distinct offer, consideration and acceptance. However, the school can be held to what was in the bulletin
• The bulletin quite clearly states that they look at scholarship, character and motivation in addition to academic achievement
• There is no mention that non-academic achievements would not be looked at. In fact, the contrary is true.
• Since Sam had no reasonable expectation to believe that non-academic issues would not be used, he thus has no basis, for...
If Sam could prove that the "non-academic" factors included things like race, ethnicity or things like that, he could approach this from a Title VII/Civil Rights perspective. However, there is no sign that this is the issue.
• There is a contract in that the bulletin made an offer and offered a set of conditions. This means that the school made an offer. Sam should have properly read and comprehended the contract offer and accepted it based on what it said. If the bulletin/contract had said that only academic issues and concerns would be looked at, he would have a case. However, it clearly says the opposite and thus Sam has more of an issue with reading comprehension and perception than he does with a contract with him as a party being violated.
• Sam accepted the offered as printed by applying and tendering his application fee despite his miscomprehension of the contract itself, which is not the fault of the school.
• The school basing acceptance on family donations or the ability to do the same is unethical but is probably not actionable unless he can prove the donation thing. Indeed, the school cannot add…
References
Dressler, Joshua (2014). Sum & Substance: Criminal Law. (Sixth). St. Paul, MN
Thompson West Group. 978-0314266910
Finz, Steven R. (2013). Strategies & Tactics for the Finz Multistate Method. (Third). New
York Wolters Kluwer. 978-1-4548-2506-7 CD
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