Understanding Contracts in University Settings

Contracts are important agreements that help universities run smoothly. There are two main types of contracts: written contracts and oral contracts. Each type affects how problems, or breaches, are handled under the law.

Written Contracts: Clear and Formal

Written contracts are formal and detailed. They spell out the rules and responsibilities for everyone involved—students, teachers, and schools.

For example, when a student signs up for university, they usually sign a written agreement. This agreement covers things like:

• Academic requirements
• Tuition fees
• School rules

These written terms are easier to understand legally. If someone doesn’t follow the rules in a written contract, it’s easier to prove it. This can lead to solutions like money to fix the problem or other actions to meet their obligations.

To prove that a written contract was breached, the following things must be shown:

1. Valid Contract: There must be proof that a contract existed, usually shown by a signed document.
2. Breach of Terms: One party didn’t do what they promised in the contract.
3. Damages: The party that didn’t break the contract must show they lost something because of the breach.
4. Causation: There must be a clear link between the breach and the damages. Written contracts help with this because the terms are clear.

Oral Contracts: More Complicated

On the other hand, oral contracts can be trickier. While they can be valid, they often lack the detailed structure of written contracts. For example, if a professor and a student talk about a project and shake hands, it’s not written down. This makes it hard to prove what was agreed upon later.

To establish a breach in an oral contract, the following elements need to be proven:

1. Existence of an Agreement: Both parties must agree that there was a contract, which can cause disagreements.
2. Clarity of Terms: Because oral contracts are informal, people may have different ideas about what was promised.
3. Breach of Agreement: Evidence is needed to show one party didn’t keep their promise.
4. Resulting Damages: The injured party should demonstrate the losses they suffered.

The Difference Matters

The differences between written and oral contracts are important. Written contracts make it easier to prove a breach because everything is documented clearly. Universities prefer them because they provide solid evidence and help reduce misunderstandings.

In addition, certain contracts need to be written to be valid under the law. For example, contracts about tuition or jobs often must be in writing to protect everyone involved. Not having a written contract could make it hard to prove a breach and limit the rights of the person who was harmed.

Conclusion

In summary, the type of contract used in a university setting plays a big role. Written contracts offer clear guidelines and responsibilities, making it easier to handle problems if they come up. Oral contracts can create more issues because they can be vague and harder to prove. Therefore, written agreements are usually the best choice in universities to ensure fairness and clarity for all involved.