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:
“So often has my judgment deceived me in my life, that I always suspect it, right or wrong,at least I am seldom hot upon cold subjects. For all this, I reverence truth as much as any body; and ... if a man will but take me by the hand, and go quietly and search for it ... Ill go to the worlds end with him:MBut I hate disputes.”
—Laurence Sterne (17131768)
“The hatred of the youth culture for adult society is not a disinterested judgment but a terror-ridden refusal to be hooked into the, if you will, ecological chain of breathing, growing, and dying. It is the demand, in other words, to remain children.”
—Midge Decter (b. 1927)
“Let the trumpet of the day of judgment sound when it will, I shall appear with this book in my hand before the Sovereign Judge, and cry with a loud voice, This is my work, there were my thoughts, and thus was I. I have freely told both the good and the bad, have hid nothing wicked, added nothing good.”
—Jean-Jacques Rousseau (17121778)