Practice point: There is an implied contract between a school and its students such
that if a student complies with the terms prescribed by the school, he
or she will obtain the degree which he or she sought. The essence of the contract is that an
academic institution must act in good faith in its dealings with its
students. The parties' rights and obligations, as specified in the school's bulletins, circulars and regulations made
available to students, become a part of the contract.
Student
note: A cause of action based solely on the school's academic and
administrative decision must be commenced in an Article 78 proceeding.
Case: Clogher v. New York Medical Coll., NY Slip Op 08043 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Premature dismissal of common-law negligence and Labor Law claims.
