Rodi wanted to be a lawyer and practice law in New Jersey. To take the New Jerse

Question

Rodi wanted to be a lawyer and practice law in New Jersey. To take the New Jersey bar exam, he had to attend a school accredited by the American Bar Association(ABA). He got a recruitment letter from the dean of the Southern New England School of Law (SNESL) stating the ABA acreditation committee had voted to recommend provisional accreditation and the law school was highly confident it would get it. After he enrolled, Rodi recieved a catalogue which had a disclaimer stating that the school made no representation to any applicant or student that it would be approved by the ABA prior to the graduation of any student. The ABA denied accreditation after Rodi's first year, and he considered transferring. However he recieved a letter from the acting dean stating that the areas of concern to the ABA had been addressed and that Rodi should have no cause for pessimism about the school getting accredited before he graduated. He therefore stayed. The school was not accredited, and Rodi could not take the New Jersey bar exam. He sued SNESLand the deans for fraud and misrepresentation. Will he be successful? Why?

Explanation / Answer

The student will be successful as the admission was proceeded on the premises that institute will get the ABA accreditation.

Here, student was given admission on false grounds and therefore he can strongly put across in the court .It was a question of a student’s career.

This is a case of fraud and misrepresentation.

Here the institute purposely made false promises to enter the contract.This is misrepresentation.

Misrepresentation is any statement or expression by words or actions that is not in keeping with the facts. Unlike fraud, a misrepresentation doesn't have to be intentionally misleading or false. A misrepresentation can be made with a reckless disregard for the truth or a conscious ignorance of the truth. This means that a party can make a misrepresentation when he or she doesn't know the truth and doesn't bother to find out.

Therefore the student can sue the institute as the contract cannot be enforced if it based on fraud and misrepresentation.

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