Midlands State University Library
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A legal analysis and contrarian view of the syllabus-as-contract perspective created by Kent D. Kauffman

By: Material type: TextTextSeries: Journal on excellence in college teaching ; Volume 26 , number 2,Canada: Miami University, 2015Content type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISSN:
  • 1052-4800
Subject(s): LOC classification:
  • LB1778 JOU
Abstract: Despite the claim made in the scholarship of teaching and learning (SoTL) literature for over two decades that a syllabus is a contract, the courts have uniformly ruled that it is not. While there is no harm in thinking one's syllabus is a contract, there may be legal risk in proclaiming it so. The author provides an analysis of the syllabus-as-contract dilemma as well as a review of the legal precedents. Best practices from contract drafting are applied to syllabus creation to enhance teaching and learning and minimize the legal risks of student grievances.
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Despite the claim made in the scholarship of teaching and learning (SoTL) literature for over two decades that a syllabus is a contract, the courts have uniformly ruled that it is not. While there is no harm in thinking one's syllabus is a contract, there may be legal risk in proclaiming it so. The author provides an analysis of the syllabus-as-contract dilemma as well as a review of the legal precedents. Best practices from contract drafting are applied to syllabus creation to enhance teaching and learning and minimize the legal risks of student grievances.

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