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Wanted: A Strict Contractual Approach To The Private University/Student Relationship, Rebecca H. White

Scholarly Works

Institutions of higher education command and receive considerable respect in our society. An apparent corollary of this revered status is the deference accorded colleges and universities by the courts. This deferential attitude is brought into sharp focus when a contractual dispute arises between a private university and one of its students.

It is well settled that the private university/student relationship is contractual in nature. Educational contracts, however, are regarded as possessing unique features that require special consideration; a construction which preserves schools' broad discretionary powers is often viewed as essential. Thus, courts have refused to invoke a strict contractual approach …