Early Decision penalties?

One of my friends is having second thoughts on going to a school he applied early decision to. He says he has no choice, that he has to go. I say he doesn't. What is the law behind this? Does anyone have an idea of the reprocussions of breaking this binding contract of loyalty? Thanks in advance.

-andy

IANAL, but I don't think there are any "laws" regarding early decision. However, I would STRONGLY advise your friend NOT to break this commitment. Breaking an early decision commitment is a VERY good way to find yourself on a nasty little blacklist, locked out of pretty much everything except the sh****est of schools.

However, bear in mind that early decision locks you into attending a school, but not forever. AFAIK, you can just attend a semester then transfer to another school. Of course, that means fighting through the admissions process all over again, but still - it's better than being stuck in a school you don't like I suppose.

Personally, I have a very strong disgust of the various early decision practices. I think it's bad enough the pressure that is put on students to "choose the right school" without locking them into a decision before they have a chance to really look at all their options.

Agreed..but does anyone know of any instences of this happening or anything else that might give us a better idea of the conciquences? I understand that you do sign a binding contract so they might be able to charge you with breach of contract..but I am not sure if it is enforced.

"breach of contract" would result in a civil suit being filed, not any laws or whatnot being broken in the sense you're thinking... I had one filed against me about 3 years ago. If they got really pissed they would sue him, but for what I don't know ("this person must attend our school!").

AFAIK, the few people who do break the early decision contracts just get blacklisted by the school, which means say by-by to pretty much any "good" school in the country. I highly doubt they would bother with the hassle of pressing a civil complaint when it's so easy just to write the rest of the victim's life off the map with a couple keystrokes.

If he has a:

print "REALLY " while x <= 10000;

good reason, he MIGHT be able to wiggle out of the contract by discussing it with the school (but they'll probably want an assurance that if he decides to go to school again, that he come back to them). If it's just a matter of "changed my mind", however, I would reccommend the "one semester then transfer out" route. You do NOT want to piss these people off.

If he signed a contract, then not abiding by the terms of the contract he would be committing breach of contract. Breach of contract is a civil case (not criminal).

Remedies for civil cases include Restitution for damages, specific performance (making the parties fulfill their contractual obligations), and some others.

Without knowing the specifics of the contract and what consideration (the benefit for each party) has transferred b/t the parties it is difficult to know what the school would do.

I doubt they would require specific performance, your friend could just flunk out. Any damages would be based on what the school incurred as well as what it could expect to gain by having your friend as a student.

The first thing I would recommend is reading the contract and see if it contains language about breach and the consequences.