Trying for the EdMal Trifecta: THEORIZING CONTRACT-BASED EDUCATIONAL MALPRACTICE WITHIN HIGHER EDUCATION
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Authors
Mayo, Claude
Issue Date
2022-04-06
Type
Other
Language
en
Keywords
Higher education , Educational malpractice , Covid-19
Alternative Title
Abstract
Although courts have relatively unanimously chosen to dismiss considerations of educational malpractice as advanced under tort law, this project will theorize consider the feasibility of this concept when built upon a traditional interpretation of contracts as applied to higher education.
• How if at all could higher education be at risk for education malpractice under a contract theory?
• What specific conditions, if any at all, create improved standing for contract-based educational malpractice success in higher education?
•• Do the institutional actions and student reactions in the wake of campus interruptions due to the COVID-19 pandemic present evidence of contractual liability sufficient enough to sustain claims of educational malpractice?
•• Does the increased recruitment and reciprocal expectations built into the institution-student athlete relationship create higher susceptibility for institutional educational malpractice liability?
•• Do the prolific advertising and increased recruitment practices prevalent in the for-profit college industry create higher susceptibility for institutional educational malpractice liability?