Judgment
The court acknowledged that Gott’s business had been much reduced after the rule was effected but the question was whether the college’s actions were unlawful. The court first determined that because Berea College was acting in loco parentis, the college did have the authority to issue the rule and that students at the college were obligated to conform their behavior to the rule since a “...college or university may prescribe requirements for admission and rules for the conduct of its students, and one who enters as a student impliedly agrees to conform to such rules of government.”
The court noted that a public institution, one supported “from the public treasure” had more exacting criteria to meet but since Berea College was a private institution, the above implied contract between student and college was sufficient.
Next the court reviewed the relationship between Gott and Berea College to determine if there was a contractual relationship which the college had broken but found none. Finally, the court reviewed the question of unreasonable, malicious, or wrongful restraint of trade by the actions of the college but could find no evidence of such.
Read more about this topic: Gott V. Berea College
Famous quotes containing the word judgment:
“Rhyme, the rack of finest wits,
That expresseth but by fits
True conceit,
Spoiling senses of their treasure,
Cozening judgment with a measure,
But false weight;
Wresting words from their true calling;
Propping verse for fear of falling
To the ground;
Jointing syllables, drowning letters,
Fastening vowels, as with fetters
They were bound!”
—Ben Jonson (1572–1637)
“We either praise or blame according to whether the one or the other provides the greater opportunity to let our power of judgment shine.”
—Friedrich Nietzsche (1844–1900)
“In action, the English have the advantage enjoyed by free men always entitled to free discussion: of having a ready judgment on every question. We Germans, on the other hand, are always thinking. We think so much that we never form a judgment.”
—Heinrich Heine (1797–1856)