ABSTRACT
The student-university legal relationship is usually considered from five legal viewpoints: (1) contract law, (2) in loco parentis, (3) trust theory, (4) fiducial theory, and (5) constitutional law. This chapter addresses each of these, of which contract law and constitutional law are the fundamental legal bases that most frequently govern the student-university legal relationship. Grounds for legal complaints between students and private universities concerning admissions or attendance are nearly always found in common law contract. Whether there is a “contract” between a student and a university will be determined based on whether each party comes under an obligation to the other, and whether each reciprocally acquires a right to whatever is promised by the other.
