$5,932.62 Awarded to Student for School's Breach of Contract

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In the case of Sivacek-Guzman v. Porter & Chester Institute, a student sued a tech. institute for breach of contract. Normally a court will not interfere in situations where the focus of a breach of contract is on the adequacy of the academic program where external regulators, such as an accreditation council, have the responsibility of overseeing programs. There are exceptions to the rule of judicial nonintervention in breach of contract claims. The first would be exemplified by a showing that the educational program failed in some fundamental respect, as by not offering any of the courses necessary to obtain certification in a particular field. The second would arise if the educational institution failed to fulfill a specific contractual promise distinct from any overall obligation to offer a reasonable program.

The student talked only with the director of the institute initially before she matriculated to the institute. She told him her specific needs for training in computer electronics so that she could advance at work, and he promised that 320-clock hours in the subject of computer electronics would be offered. Later after the courses were dropped, he directed a faculty member to individually instruct the student in analog and digital electronics. For various reasons, this did not work out. The student never received the 320-clock hours of analog and digital computer electronics as enumerated in the catalog. The court found for the student because the specific courses she bargained for were never offered to her by the institute. Further, the student  never received instruction from the institute for 320-clock hours of computer electronics, namely analog and digital electronics. Finally, the student dealt exclusively with the director for the institute, and he testified that the specific courses were not offered to the student.

The court entered judgment for the student in the amount of one third of the student's total tuition. “The court finds for [the student]. The specific courses she bargained for were never offered to her by the Institute” said the court. “Judgment to enter for [the student] in the amount of $5,932.62 plus costs. The arrived at sum is one third of the total tuition of $17,795.23.”

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Sivacek-Guzman v. Porter & Chester Inst., 2007 Conn. Super. LEXIS 713, 2007 WL 901757 (Conn. Super. Ct. Mar. 6, 2007)