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  1. #11
    Join Date
    Nov 2013
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    6,888

    Default Re: Can Universities Revoke Degrees for Non-Academic Allegations

    Quote Quoting Taxing Matters
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    Doesn't matter that he doesn’t know that he will be convicted of a crime or not. Not every condition has to be known at the time of the contract for the contract to be enforceable. We see that every day. A company agrees to provide a warranty to fix a product if it breaks. The company does not know at the time the contract is formed what, if any, repair to the product will be needed. But that does not stop the contract from being enforceable. Likewise contracts of insurance. The insurer has no way to know when the insurance contract is issued that the customer's home will be destroyed by fire sometime in the future, but when the fire occurs the fact the insurer did not know the fire was going to occur will not get the insurance company out of the contract. I could point to many other instances in which the parties agree that if a particular event occurs, the parties will have certain rights and responsibilities and those contracts are enforceable even though it is not at all certain that the event will occur. So your argument on this is a nonstarter. Indeed, if the student agrees to this as part of his contract with the school, then he knows what may happen if he is convicted of a crime. So, with that in mind, he ought not to commit a crime and thus avoid that problem, right? It’s not like he doesn’t have some control over the happening of this event, unlike, say the insurance company insuring against the fire.

    As for your slavery example, you knew when writing it that it was a bad one. I specifically noted in my earlier reply that it matters that the contract does not contain a provision that violates the law. Slavery violates the law, so of course a contract for slavery would not be enforced. But the contract with the school concerning the diploma is not one that is illegal or violates any public policy. That being the case, it would likely be enforceable.




    If I looked at the contract and the circumstances surrounding the formation of the contract and found no viable argument that the contract was not enforceable then yes, I absolutely would tell my client that he is out of luck. That’s what good lawyers do. I don’t take money from clients to litigate cases that have no realistic chance to succeed. To do that is just ripping off the client to line the pockets of the lawyer, and ethical lawyers do not do that.
    I've been doing some reading and would like to know what you think about what I have to say. I have not come to a conclusion yet but understand that I am not an attorney and some of what I read takes time to digest and understand.

    OP said that there is a box on the application form that if checked, says that the applicant has read and agrees to the policies in the manual. That is where this policy of revoking the degree is located.

    That is really not part of the contract between the student and the college. Just because an applicant has read the policies and agrees does not make it part of the contract unless there is specific language in the contract (or in the policy manual) that says it is part of the contract. I believe this is governed by the statutes of frauds.

    To satisfy the requirements of a typical statute, the writing must identify the contracting parties, recite the subject matter of the contract such that it can reasonably be identified, and present the essential terms and conditions of the parties' agreement.
    I don't think checking a box on an application does it.

    Next is the issue of estoppel both promissory and equitable. I'm still work on those.

  2. #12
    Join Date
    Oct 2014
    Posts
    7,941

    Default Re: Can Universities Revoke Degrees for Non-Academic Allegations

    Quote Quoting budwad
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    OP said that there is a box on the application form that if checked, says that the applicant has read and agrees to the policies in the manual. That is where this policy of revoking the degree is located.

    That is really not part of the contract between the student and the college. Just because an applicant has read the policies and agrees does not make it part of the contract unless there is specific language in the contract (or in the policy manual) that says it is part of the contract. I believe this is governed by the statutes of frauds.
    There is no way to tell from what little information we have what exactly constitutes the contract between the student and the school. It may well be that that the code of conduct in the school manual is considered part of the contract. One would have to examine all the relevant documents and any other available evidence to determine what the terms of the contract were between the school and the student. Certainly if the provision regarding withdrawal of a degree is not in the contract with the student then the school could not successfully argue the contract as its grounds for doing it. But this is a much different argument than the one you originally made, which was that a contract that did contain such a provision would be invalid.

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