Legal Question in Business Law in Missouri

University admissions

I was accepted into an accelerated bachelors of nursing program starting in May 2008 (notified by a letter). The letter said that I had 30 days to send in a deposit to secure my place in the May 2008 class (nothing was mentioned about a waiting list, or deposits being accepted on a first come first serve basis). Six days later I received another letter stating that they had over-accepted, and that I was placed on a waiting list, but guaranteed a spot in the 2009 class. If I sent in my deposit within the 30 days, wouldn't that guarantee me a spot in the May 2008 class? Do they legally have to create another spot for me? I followed all application procedures correctly; before deadlines, etc. Isn't their signed letter a genuine ''offer'', and isn't my signed check within 30 days a genuine ''acceptance''?


Asked on 3/13/08, 1:56 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: University admissions

If you had accepted by sending in the deposit before you received the second letter, the answer to your question would be an unequivocal yes. However, you did not, and the University by letter withdrew its offer. A party has the right to withdraw or modify an offer prior to acceptance. I believe your failure to immediately send the deposit effectively precludes action on a contract theory. The action would be difficult to maintain against a state university. If this is a private university you'd have a better chance.

You should see a lawyer and allow him to read the letters and help you decide what to do.

Good luck,

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Answered on 3/13/08, 3:19 pm


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