Contractual Relationships [electronic resource] : Higher Education Laws and Regulations / Tantralita Chatterjee.
One major aspect of any contractual relationship is liability. "Institutions of higher education face potential breach of contract claims from employees, student, and vendors purchasers, or business partners" (Kaplin & Lee, 2007, 105) When referring to the liability of an institution,...
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| Format: | Electronic eBook |
| Language: | English |
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Distributed by ERIC Clearinghouse,
2011.
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| 500 | |a Educational level discussed: Postsecondary Education. | ||
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| 520 | |a One major aspect of any contractual relationship is liability. "Institutions of higher education face potential breach of contract claims from employees, student, and vendors purchasers, or business partners" (Kaplin & Lee, 2007, 105) When referring to the liability of an institution, we must take into consideration the contract authorization pertaining to the action at hand. Kaplin and Lee states, "The key to the institutions liability is authorization; that is, the institution may be held liable if it authorized the agent's action before it occurred or if it subsequently ratified the action" (Kaplin & Lee, 2007, 106) We must ask whether or not the authorization was given properly? This is crucial to recognize for the purpose of defending one's own institution from liability issues. The level of distinction amongst university decision makers authorizing contracts is not as important as the level of liability their authorization holds. Student, trustee, dean, administrator, program director, president, etc., the question at hand is whether or not the authorization was constituted by the institution. | ||
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