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Keywords

contractbreach of contractplaintiffhearingsummary judgmentcompliancecontractual obligation

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Taylor v. Wake Forest University, 16 N.C.App. 117, 191 S.E.2d 379

Facts

This case involves a dispute between George J. Taylor and his son, Gregg F. Taylor, against Wake Forest University regarding the termination of an athletic scholarship. Gregg Taylor applied for a football scholarship, agreeing to maintain eligibility for intercollegiate athletics and abide by training rules. Despite achieving a grade average that met the institution's requirements, he refused to participate in football practices, claiming it interfered with his academic progress. The university ultimately terminated his scholarship after a hearing, leading to this legal action for recovery of educational expenses incurred after the termination.

Issue

Did the university wrongfully terminate the athletic scholarship based on the student's refusal to participate in football practices?

Rule

The court applied the principle that a scholarship agreement requires the student to maintain both academic and athletic eligibility. The scholarship was contingent upon the student's compliance with training rules and participation in the athletic program, as outlined in the scholarship application and institutional policies.

Analysis

The court found that Gregg Taylor's refusal to participate in football practices constituted a breach of his contractual obligations under the scholarship agreement. Although he maintained a sufficient academic average, his non-participation in athletics violated the terms of the scholarship, which required both academic and athletic commitment. The court emphasized that the plaintiffs could not unilaterally determine what constituted 'reasonable academic progress' in relation to athletic participation.

Conclusion

The court upheld the university's decision to terminate the scholarship, affirming that there was no error in granting summary judgment in favor of Wake Forest University.

Who won?

Wake Forest University prevailed in this case because the court determined that the university acted within its rights to terminate the scholarship based on the student's failure to comply with the terms of the scholarship agreement. The court found that the scholarship was contingent upon both academic performance and participation in the athletic program, and the student's refusal to participate constituted a breach of contract.

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