· 4/10/1968
Brun v. George W. Brown, Inc.
Citations
- 56 Misc. 2d 577
- 289 N.Y.S.2d 722
- 1968 N.Y. Misc. LEXIS 1586
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that fees not tied “to the provision of on-campus services, activities, and programs” could not be recovered under plaintiffs’ claim for breach of contract
- holding that “[t]he conversion claim fails because Plaintiffs do not plausibly allege a possessory interest in a specific identifiable fund of money”
- holding that the relationship between a university and its students is contractual in nature and therefore finding an implied-in-fact contract to provide in- person education
- concluding that claim for unjust enrichment in the alternative to breach of contract was sufficiently pled
- holding that determining damages on the facts alleged “does not require [the] court to subjectively value the quality of [the] education” because “the Universities themselves apparently charge different rates for online and in-person instruction”
- recognizing university’s “historic practice” of on-campus education as supporting plausible allegation of implied contract for in- person instruction
Source: CourtListener parenthetical corpus (CC0).
Judges: Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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