Reference no: EM133164767
Read the synopsis of the case Gabriel v. Albany College in the "You Be the Judge" section of Chapter 12. , and how you think the court should rule. Think about what constitutes a legal "offer" and a legal "acceptance" as explained in your chapter. Hit the internet if that helps. Think about how principles like fairness and reasonable expectation might be pitted against legal technicalities. Which way gives us more certainty in our business? Which way is better?
Gabriel v. Albany College of Pharmacy and Health ServicesNo. 2:12-cv 14 United States District Court for the District of Vermont, 2013
Facts: Matthew Gabriel was a student in Professor Pumo's immunology class. Professor Pumo's syllabus outlined course requirements and stated that "plagiarism will not be tolerated." After grading the first assignment, Professor Pumo realized that many papers had sentences copied from other sources without citations. Instead of reporting everyone for plagiarism, Professor Pumo said she would give students a "free pass" on one copied sentence. But Gabriel's paper contained many plagiarized sentences, so he received a failing grade for the assignment.
Gabriel sued the professor for breach of contract. He argued that the syllabus was a contract and that the "free pass" policy broke it-because that term was not part of their original agreement. According to Gabriel, since the professor breached the contract, he was no longer obligated to refrain from plagiarizing, and so should not be punished.
You Be the Judge: Was the professor's syllabus an offer whose acceptance formed an enforceable contract?
Argument for Gabriel: A syllabus is a contract. On the first day of class, the professor presents the syllabus as an offer and students agree by staying in the course. Who has not chosen a class because of its particular workload or assignments? The terms in the syllabus are promises upon which students rely. Professor Pumo unilaterally changed the written "rules of the game." Once she broke her promise, there was no longer a "deal." Students should not be held to her arbitrary rules.
Argument for Professor: Professors do not intend to make an offer when they hand out a syllabus-much less be legally bound! The syllabus is merely an announcement that provides general information about course requirements, grading policies, and behavior guidelines. Reasonable people do not expect a syllabus to be enforceable in court. It was not a contract-Professor Pumo had the right to change the class rules, make additional assignments, or even kick Gabriel out at any time. Even if the syllabus were a contract, the phrase "plagiarism will not be tolerated" is too indefinite to be a valid offer. Gabriel is not immune from the plagiarism rules.
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