ASIAN SCHOOL OF BUSINESS MANAGEMENT

(TERM-III) Mid Term Assignment On Legal Aspects of Business

TOPIC - device term and contract for enhancement of image of ASBM for a contract to be signed between students and management SUBMITTED BYGroup 7 (Sec-B) PGDM/12-14/62
Name: Adyasmita Mohapatra

SUBMITTED TODr. Prof. HARADHAN DAS

Acknowledgement
We would like to express our sincere thanks to all of them, who were instrumental behind the completion of this assignment. First of all, we would thanks like to to give our sincere PROF. HARADHAN

DAS for his whole hearted support. Our Work will be meaningless, until we render our great gratitude to our parents towards their moral courage.

Date: Place:

CONTENT
INTRODUCTION
Dear Candidate The ASBM-Student Contract (the/this Contract) is an important legal agreement between the ASBM and you being the Candidate named in the Contract pursuing the post graduate diploma in management (the Programme) as specified in the ASBM Website. This Contract is adapted from the Standard ASBM-Student Contract.

The ASBM is required to explain to you the contents of each page of the Contract.

Recognition: Asian School of Business Management (ASBM) is approved and recognized by All India Council for Technical Education (AICTE), Ministry of HRD, Govt. of India as an autonomous institution.

When high school graduates arrive on a university campus for their first semester of postsecondary education, perhaps the furthest thing from their mind is how the law defines their relationship to this new institution. Few students are aware that when they register at the beginning of a semester, they are entering into a contract that has legal ramifications. Indeed, the relationship between a university and a student has been identified as a contract in ASBM and courts alike.1 . A university engages in many complex relationships in pursuit of its diverse objectives. Many large universities serve as centres for research and scholarship; their relationships with faculty members, researchers, as well as public and private sponsoring entities are worth noting. But their relationship to students - in their function as an educational institution illuminates crucial aspects of their institutional personality. As this paper will try to articulate, applying the lexicon of contract law to the legal relationship governing the university and its students can

The Asymmetries Within the University-Student Contract Although the rules of contract law were developed with a theoretically symmetrical relationship in mind, the notion of a contract encompasses many more nuanced relationships with varying degrees of symmetry, both inside and outside the commercial context. a) Asymmetrical negotiations. Canadian courts have recognized both explicitly and implicitly that the university-student relationship is essentially a contract of adhesion because only the university has the power to set the terms of the contract, and the students are in a position to take it or leave it22. According to the Civil Code of Qubec, a contract of adhesion is one in which the essential stipulations were imposed or drawn up by one of the parties and were not negotiable23. b) Asymmetrical information. The private law of contracts is based on one major assumption of neoclassical economics that people make decisions with access to and knowledge of all relevant information. In many if not most contractual relationships, however, parties enter into agreements without complete information to facilitate rational decision-making. c) Asymmetrical bargaining power. In the case of a contract of adhesion, there is often an imbalance of bargaining power because the adhering party has no say in the terms of the agreement.26 Whereas a university can refuse to give access to courses or refuse to grant a degree if a given student has not paid the tuition, a student has little to no bargaining power by withholding tuition payments and has much more to lose in case the contractual relationship 27 disintegrates. Such contractual problems usually arise after the student has already invested much time, effort, and money with the expectation of attaining a degree upon completion of the course of study. d) Asymmetrical reliance. One of the principal functions of the private law of contracts is to allow parties to plan for the future through private agreements and to

protect their reliance on promises exchanged. In practice, for any given contract, parties may rely on promises to varying degrees, which can lead to problems when one party reneges on the promise to the detriment of the other party that was relying heavily on that promise. The students reliance on the universitys promises can be particularly significant when her objective for enrolling at a university is primarily the accreditation at the completion of the program. Despite the invaluable academic and social experience of spending multiple semesters studying at a university, attaining the degree at the completion of that program is undoubtedly a central reason for enrolling at a university. Within the university-student contract, one of the promises put forth by the university is certainly to educate the student through coursework. Another key promise put forth by the university, however, is to grant the student a degree if and when a student successfully completes the necessary coursework. Up until that point, the student continues enrolling semester after semester in reliance of this latter promise, which, according to Professor Waddams, is a unilateral contract, or a promise that is made in return for the performance of an act.28 This unilateral model underscores the students relatively precarious situation. Despite the students heavy reliance on the universitys promise of a postsecondary degree, the accreditation is essentially revocable at any point until the students completion of the necessary coursework. A comparable scenario is when a homeowner offers to pay a painter a sum of money if she paints his house. With the understanding that she will be paid once the paintjob is completed, the painter may begin the work but the homeowner may revoke the offer after the painter has already invested significant time and resources.29 The students position can be analogous to that of the painter. The postsecondary degree is the students true objective for enrolling at the university in the same way that the promised payment is the painters objective in painting the house. It is in pursuit of this accreditation that the student invests time, money, and

effort over the course of numerous years into her postsecondary education. When the institution, for one reason or another, refuses to grant the degree or diploma that was initially offered, students feel aggrieved and take the university to court.30 There is an understandable sense of loss on the part of a student who, after investing much time and resources pursuing a degree, is denied the end goal of such investmentalso considered the object and cause of the contract.31 This one-sided obligation can liken the universitystudent relationship to a social contract. The universitys interest in engaging with a student is at least in part a public interest in educating Canadians and developing the collective brainpower within the national economy. The public university has the aspiration to provide a service - a unilateral obligation to educate students for the benefit of the collective good and to serve the community. This moral dimension of higher education de-emphasizes the universitys self-interests as an autonomous institution.35 The tuition fee differential between in-province students, out-of-province students and international students is one way in which this communitarian aspiration can materialize. Provincial residents often get preferential treatment in admissions and tuition fees, thus strengthening the social contract between the institution and its community members. Unlike universities in the United States, however, Canadian universities are not state universities that act essentially as governmental bodies enshrined in the state constitution.36 Canadas major universities, while incorporated by statute, are autonomous nongovernmental entities.37 As such, the notion of a social contract governing the university-student relationship has its limits. It is more of an ideology than a reality in the Canadian higher education systems. The civil law generally accepts this one-sided obligation more readily than common law jurisdictions, where unilateral contracts are often reformulated into a bilateral contract by courts to give legal weight to the parties legitimate expectations in

their relationship. Alternatively, unilateral contracts are deemed not to be contracts at all, and the issues are handled within the parameters of tort law or unjust enrichment. There is general discomfort with asymmetries in the university-student relationship because they push the boundaries of contract law. The next section will explore the ways in which this body of law may pose limitations of the legal understanding of this relationship. IV. Shortcomings of the Private Law of Contracts It has been established in courts that the private law of contracts is the primary legal framework that governs the relationship between a university and a student, but as the critical analysis above suggests, it may not substantively account for the unique dynamics of the relationship in question and it may not provide adequate procedural access to remedies in situations where the relationship goes awry. Substantive Limitations The basic function of this legal framework is to protect parties reasonable expectations.41 In the university-student relationship, however, the parties do not always exercise free and autonomous choice or shape their relationship as they see fit. And as many cases attest, the reasonable expectations of the partiesmost notably the studentsare not always protected by the private law of contracts. . Conclusion The notion that the relationship between a university and student is governed by contractual principles has at times hit a sensitive nerve among many higher education administrators and policy makers. A contract between university and student can imply that the educational setting is akin to a market of exchangeable commercial goods and services. There is a widespread belief that universities should be protected from capitalist forces of the private sphere. Many people strongly believe that a school - even at the postsecondary level - is simply above the amoral forces of a market. Does postsecondary education serve the common good or is it a commodity for sale? Policymakers, administrators and scholars have tried to grapple with this pressing dilemma in this period of significant development in higher education system.

It is simple fact that many provincial governments have reduced public funding and lifted regulations regarding higher education, particularly with respect to tuition fees. Consequently, universities have undergone varying degrees of privatization by increasing non-governmental sources of revenue such as tuition fees, endowments, and private investments.95

Undertakings by the College

UNDERGRADUATES Teaching. The College will make such teaching provision for undergraduate students and
undergraduate visiting students as it reasonably decides is necessary for their courses of study, taking account of any relevant departmental norms. Teaching may include tutorials, classes and seminars, and may be carried out by tutors or other fellows or lecturers of the College, or by any other persons considered by the College to be suitably qualified. Teaching provision for specialist options is subject to availability and may not be provided in all cases. Given the variation in courses of study, it is not possible to specify a minimum amount of teaching for undergraduates in all subjects.

Library and IT facilities. The College will provide library and IT facilities in connection with
your studies and on the conditions and at the times set out in the College Handbook or equivalent document, which may vary from time to time. Facilities may be withdrawn in the event of adverse circumstances beyond the control of the College.

Graduates
The College will provide such support for graduate students as it reasonably decides to be necessary in connection with their pursuit of a course of studies at Oxford. This will include the allocation of a College Advisor, where possible in the same or in a related subject area. Undergraduates and Graduates

Residential accommodation. The College will maintain a stock of residential

accommodation that may be provided to you in connection with your studies and on the terms and conditions and in accordance with the procedures set out in the Student Handbook or equivalent document, and/or accommodation contract or licence agreement, which may vary from year to year. The College will normally provide accommodation for undergraduates for three years, and for graduates for one year, and will observe any undertakings given in its Prospectus. 10. Meals. The College will provide meals on the terms and conditions set out in the

Student Handbook, which may vary from time to time. Reasonable notice will be given where possible of any occasions on which meals will not be available.

Your Undertakings
You undertake to abide by the regulations of the College as set out in the Student Handbook, or equivalent document, including regulations concerning study, payment of fees and charges and residence. Failure to abide by these regulations may lead to the imposition of disciplinary measures, which may include suspension or expulsion. Procedures for disciplinary measures are explained in detail in the Student Handbook or equivalent document or website.

Study: You undertake to pursue satisfactorily such studies as are required of you by any tutor,
fellow or lecturer, or other qualified person, assigned by the College (or University as the case may be) to teach you. For this purpose, studies include the reading of materials, carrying out prescribed activities such as practicals, the timely completion of written work, punctual attendance in tutorials and classes and lectures, and the sitting of University and internal College examinations.

Fees and charges: You undertake to pay the fees and charges due to the University and to
the College which, after consultation with students (in so far as concerns College charges), may vary from year to year and to provide any guarantee or security for the payment of such fees as the College may require. The College will collect University fees and transmit them to the University.

Residence: You undertake to comply with the University residence requirements. Personal Data: By signing and returning one copy of the attached declaration, you agree to
the collection, processing and use of individual personal data by the College for purposes connected with your studies, for the protection of health and safety whilst on College premises, and for maintenance of alumni relations and for any other lawful purposes. You also agree to the sharing by the College of such data for the same purposes with the University. Jurisdiction

This contract shall be governed and construed in accordance with English Law. By signing and exchanging this document both you and the College submit to the exclusive jurisdiction of the English courts for the resolution of any disputes which may arise out of or in connection with the contract.

STUDENT-COLLEGE CONTRACT I hereby declare that I have read and understood the terms and conditions of taking up my offer of a place at Lincoln College, as outlined in the Student-College contract to which this declaration is attached. SIGNED for and on behalf of ASBM COLLEGE Name: __________________ Position:____________________
SIGNED by the STUDENT

Name: ______________________ Signature: _____________________

Signature:

Date: _____________________

STUDENT-COLLEGE CONTRACT
I hereby declare that I have read and understood the terms and conditions of taking up my offer of a place at Lincoln College, as outlined in the Student-College contract to which this declaration is attached.
SIGNED for and on behalf of ASBM COLLEGE SIGNED by the STUDENT

Name: ____________________

Name: ______________________

Position: ___________________

Signature: _____________________

Signature:

Date: _____________________

Please sign both copies of the declaration, retain one copy for yourself and return one signed and dated copy to the College Office.