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Chilly_Willy Donating Member (396 posts) Send PM | Profile | Ignore Tue Oct-07-03 07:40 PM
Original message
Help : research question
Ok I am researching for a law class I am in, but I am not any type of lawyer or even close. So asking for your help on suggestions and any info I should be looking for....

The case is basically some college kids took a class and then w/drew b/c the class was aweful, they wanted a full refund after the last refund date, the prof couldn't teach and couldn't even solve problems from their own text books. Then they published a letter saying that the school was wrong for not doing the refund, it was a bad class. So the students take the college to court for tuition refund and the court counterclaims for libel and slander of publishing the letter.

Blah blah blah...

I am thinking the college wins the case b/c the students basically are involved in an implied contract they can't break. And the libel/slander is dropped b/c they told the truth in their letter that was pub the class/prof were aweful.

What's your view? If you know of any sample cases, that would be great, I don't know if this would be in small claims or me out.

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Blue_Chill Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-07-03 07:58 PM
Response to Original message
1. kick
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dofus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-07-03 08:18 PM
Response to Original message
2. I'm not a lawyer, but I am
a college student. I've been taking classes on and off for some 35 years (gasp! longer than some avid posters here have been alive!) and these days the last drop date at some schools is past the halfway point in the semester. So my first question is, when was the final drop date, and if the class was that terrible, what took the students so long to drop?

There are really terrible teachers out there, and I've had some of them. My revenge, such as it is, has been to give as terrible a review as possible, with succinct and clear explanations of what was so awful about the teacher. I understand there are websites where teachers' ratings show up, although I've never been one to check them out myself. I bet if I were a traditional aged student I would.

As you might guess, my sympathies are hardly with the students, especially since they waited so long to drop.
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Chilly_Willy Donating Member (396 posts) Send PM | Profile | Ignore Tue Oct-07-03 10:57 PM
Response to Reply #2
6. Ahhh
Are you also a Professional Student? That's what my mom calls it, you have two jobs, your career and professional student, ha!

This is for a paper, not real. BUT if a student ever took a University to court I'd hope the student would win, considering all the mistakes that colleges make yet they charge so much to attend. It's like they've become a business not an education institution and they still can't hold up to there part of the deal.

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Padraig18 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-07-03 08:57 PM
Response to Original message
3. Your analysis is correct.
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Bossy Monkey Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-07-03 09:30 PM
Response to Original message
4. Truth is immaterial
I just wanted to say that in a subject line! To prove libel, the college or professor would have to prove malicious intent on the part of the students, which is notoriously difficult.

Regarding the overall question, the college also entered the contract (which I'm not sure is implicit exactly), which includes providing competent teaching personnel. A judge would have to determine whether in fact the professor was incompetent; the decision would hinge on this determination. Don'tcha think?
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Chilly_Willy Donating Member (396 posts) Send PM | Profile | Ignore Tue Oct-07-03 10:53 PM
Response to Reply #4
5. Yep yep
Ok I turned it all around in my paper....

Even though it seemed to be an implied contract. The student would have never made the decision to register if they weren't misinformed about the level of the class. So even though the College misrepresented itself innocentlt, it is still considered material misrepresentation. The college student will get full refund, plus damages, plus attorney fees. And the the counterclaim will be denied b/c the complaint that was printed in the paper was an opinion of how the students felt (and all of the complaints were backed by truth).

BUT in the real world this case would be appealed and then probably thrown out b/c it says clear as day in the policies the refund dates. The libel/slander is just a ridiculos counterclaim to help the college put more students down.

How's that? Screw the college and there damn policies, screw them all!!!

Darn law class, making me think and stuff. Have a nice night, byebye.
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