This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Contracts

Sep. 26, 2023

Suit says ‘unlawful’ college fees fall under implied contract law

“The obligation to timely pay tuition is a material term of the students’ implied-in-fact contract because tuition is a core source of funding for defendant,’’ Bursor & Fisher partner Yeremey O. Krivoshey wrote on behalf of the plaintiff.

Are college fees retail charges based on an implied contract? Attorneys for a Cal East Bay graduate have filed a proposed class complaint saying fees incurred when he didn’t pay for his courses on time are not related to any damages the university incurred and instead are “unconscionable and unlawful penalties and forfeiture.”

Attorneys from the Bursor & Fisher PA office in Walnut Creek say that the plaintiff and putative class members...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up