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I need some help and guidance for a paper that I need to ...

Sent to Legal Experts March 1 2007 at 4:17 PM
   

I need some help and guidance for a paper that I need to write for a business law course that I am taking. I am a stuck I need ideas.

Your school decides to disband the business department before you complete your studies. What damages would you claim, and how could you substantiate that claim. Support your position in a 1000 min & 2000 max word persuasive paper. Bibliography MLA format

 

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miami, Florida

Customer (name blocked for privacy)
Answer
March 1 2007 at 4:28 PM (10 minutes and 16 seconds later)
         
REPLIEDCheck Mark

Let me preface my comments by saying that, for the most part, it would be very hard, if not impossible, to file such a claim in real life. However, for purposes of your assignment, I will offer some ideas.

To the extent that you have paid tuition for credits that would not transfer to a comparable business school, the school, by breaching its promise to offer you a business degree for your completion of four academic years, has rendered those credit hours useless. You could therefore make a claim for the value of the tuition paid for each credit hour that was not transferable. You could also claim the reasonable value of your time in each of those classes that must now be retaken at at different school. Even at minimum wage, if you calculated the time spent in classes, studying, and taking tests, that's a significant amount of money. I think you could also claim all books purchased for any non-transferable hours should also be recoverable.

The basis of your claim would be a breach of an implied promise or promissory estoppel. Promissory estoppel basically allows recovery for a broken promise if the promise is one that a reasonable person would have relied upon, you did rely upon the promise to your detriment, and the promise was broken. Here, the implied promise is that, if you come to our school, pay your tuition and books, study hard, we will provide you with a business degree. By closing the program with several classes still in the program, they have breached that promise. Students acted to their detriment, i.e., paid tuition and chose this college instead of a different school, and spent years of their life on the degree only to have the program immediately closed.

Other more "iffy" damages could be made if this particular school was very prestigious and now the business student will not have that school name, of the student passed up an opportunity to study at a good school for this school and now cannot transfer there because of that university's rules (some very famous schools will not allow transfers after a certain point).

Does that help some?




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1 Other Expert Agrees with this!
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March 1 2007 at 4:46 PM (18 minutes and 41 seconds later)
         
Reply to LegalEagle, LLC's Post: Thank you - it provided me with a good lead.
I am curious as to why it would be difficult to file such a claim in real life?
Answer
March 1 2007 at 4:51 PM (4 minutes and 34 seconds later)
         
ACCEPTEDCheck Mark
Because I don't think a student has a reasonable expectation that a school couldn't decide to drop a particular major. And with the exception of the juniors, there wouldn't be a lot of real damages. Freshman and Sophomores could transfer, presumably, all their credits to another school. Seniors would graduate that year before the business school was closed. On the juniors would have any potential claim. But I also have never seen a college promise anywhere that the classes offered today are guaranteed to be offered tomorrow. I suspect that there's disclaimers in every course book that provides the right of the school to change offerings at any time. Just my opinion.


Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.
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