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The Student Contract: “CMA” Implications of Incorporation

  • United Kingdom
  • Education - Briefings

16-05-2017

Welcome to the fifth in our series of fortnightly Student Contract: ''CMA'' Implications ebriefs for universities, colleges and private providers. These ebriefs highlight aspects of the application of consumer law to the student contract which pose challenges for the tertiary education sector.

This time we focus on the implications of the incorporation of terms into the student contract.

It is important that institutions ensure that all terms to which they wish to bind students and upon which they wish to rely as a matter of contract are fully “incorporated” into the student contract. This means ensuring that all such terms are brought expressly to the attention of prospective students in advance of contract formation (i.e. generally before students accept offers of places on courses).

Prospective students should be provided with an opportunity to familiarise themselves with the contents of student regulations, policies and procedures in advance of the student contract being formed. Simply providing copies of them at enrolment or on induction is likely to be too late to bind students contractually to them or give the institution contractual powers to take action in the event of failure by students to comply with them.

Whilst this may provide some administrative difficulties for institutions, particularly where some of this information is subject to change, the basic consumer and contract law premise is that all relevant terms must be made available to prospective students in advance so that they may fully consider them before committing to a place at the institution.

Institutions will need to consider how they can best present this information to students as it is important that students understand what applies to them and where they can locate that information for future reference.

Eversheds Sutherland is currently running a series of free seminars at which we invite you to join us. Further information can be found at https://www.eversheds-sutherland.com/global/en/what/training/showevent.page?Events=en/EDU_CMA_2017

Next time - The Student Contract: “CMA” Implications of Fees and Charges

Eversheds Sutherland has a wealth of experience advising on student contract / “CMA”-related issues in the HE and FE sectors. If you would like to discuss how Eversheds Sutherland may assist you in managing any of the issues addressed above (or any other student contract/consumer related issues) please contact Siân Jones-Davies or Eve England.

For more information contact

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