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?
