CONTRACTUAL NATURE OF ADMISSION

Jennelyn T. ColleraMA EDUC’L. MGT.

Contract Definition… “…an agreement between competent

parties, upon a consideration sufficient in law, to do or not to do a particular thing” (Steinberg v. Chicago, 1976, p. 4).

“The contract is a promise or set of promises, the breach of which the law gives remedy, the performance of which the law recognizes the duty” (Miles, 1997, p. 92).

-WRITTEN CONTRACT- ORAL CONTRACT

“Basic contract law requires an offer and an acceptance based on mutual understandings”

Key concepts to Contract Law

(Bunting, 1989)

Offer – “…institution’s general offer to admit applicants with certain credentials to its particular programs”

Acceptance – “… the applicant’s assertion that he or she has those credentials and thus should be admitted”

“Basic contract law requires an offer and an acceptance based on mutual understandings”

Key concepts to Contract Law

(Bunting, 1989)

Consideration – the application fee and/or the promise to be considered for admission using the stated criteria

Both parties must have legal capacity to contract Legal age (varies by state) Competency

CONTRACT FORMATION (Miles, 1997)

Consideration must be given Money (application fee; tuition paid) A return promise

Mutual assent Shown by offer and acceptance

Two Admission Contracts(Miles, 1997)

Contract between the school and the applicant Admission materials describing the admission process and inviting the student to apply (the offer) Student applies (the acceptance) Student pays application fee or submits

application for a return promise to be evaluated based on admission materials

(consideration)

Two Admission Contracts(Miles, 1997)

Contract between the school and the matriculant

College Catalogue is the main contract

Can include any other documents produced by the institution and disseminated to students.

Agents of an Institution

Trustees Administrators Faculty Alumni (in some instances)