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Keywords

contractbreach of contractlitigationnegligencemotionmalpractice

Related Cases

Ross v. Creighton University, 957 F.2d 410, 73 Ed. Law Rep. 352

Facts

Kevin Ross, a former student and basketball player, sued Creighton University for negligence and breach of contract, claiming the university admitted him despite knowing he was unprepared for college-level work. He alleged that the university failed to provide adequate academic support and access to its curriculum, which was promised in exchange for his participation in athletics. Ross maintained a low academic average and struggled to meet graduation requirements, ultimately leading to his enrollment in remedial education. He contended that the university's actions caused him emotional distress and hindered his educational opportunities.

Issue

Whether the university was liable for negligence and breach of contract in admitting a student it knew was unprepared for academic success.

Rule

Illinois law does not recognize a cause of action for educational malpractice or negligent admission. A breach of contract claim can be maintained if it is based on specific promises made by the university that do not require the court to assess the quality of education provided.

Analysis

The court found that Ross's claims of educational malpractice and negligent admission were not recognized under Illinois law due to policy concerns regarding the standards of care and the potential for excessive litigation. However, the court acknowledged that a breach of contract claim could be viable if it was based on specific promises made by the university regarding academic support. The court determined that Ross's allegations about the university's failure to provide promised services warranted further proceedings.

Conclusion

The court affirmed the dismissal of the negligence claims but reversed the dismissal of the breach of contract claim, allowing it to proceed.

Who won?

The court affirmed in part and reversed in part, allowing Ross's breach of contract claim to proceed while dismissing his negligence claims. This outcome indicates that while the court did not find the university liable for negligence, it recognized the potential validity of Ross's contractual claims based on specific promises made by the university regarding academic support.

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Keywords

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