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University offers... What would happen if...

Samuel1988

Surely universities hand out more offers than they have places as they expect a lot of applicants may put them as an insurance choice or may not get the grades to get in.

What would happen if everyone who applied for a specific university, put it as their firm choice and met the terms of the offer?

Just a random thought :rolleyes:

Reply 1

delicious one

Original post by Samuel1988

I've heard of universities asking future students to defer when too many people get a place.

Reply 2

Samuel1988

Really?? Imagine having to wait an extra year!

Reply 3

cambio wechsel

Original post by delicious one

I've heard of universities asking future students to defer when too many people get a place.

While I can imagine that they might ask, I think that they have entered into contract such that they cannot require this.

I want to know what this man says:

nulli tertius

Reply 4

delicious one

Original post by Samuel1988

Really?? Imagine having to wait an extra year!

Perhaps they find ways to entice you.

Reply 5

nulli tertius

Original post by cambio wechsel

While I can imagine that they might ask, I think that they have entered into contract such that they cannot require this.

I want to know what this man says:

This is an unresolved question.

The leading case on university (in fact the polytechnic admissions system) admissions Moran v University College, Salford

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDYQFjAB&url=http%3A%2F%2Foxcheps.new.ox.ac.uk%2Fnew%2Fcasebook%2Fcases%2FCases%2520Chapter%252013%2FMoran%2520v%2520University%2520College%2520Salford%2520(No%25202).doc&ei=4G90U7eoAuSr0gXE-4DQDg&usg=AFQjCNGU3NjgsUXhGC06a0hnoRs_6yr--Q&bvm=bv.66699033,d.d2k&cad=rja

adopts a simple contractual analysis.

Although virtually nothing has changed for main scheme applications since that time, the idea that an acceptance of an unconditional offer amounts to a contract and acceptance of a conditional offer creates a contract with a condition precedent, is now fraught with difficulty.

When Moran was decided, there was no Adjustment. Adjustment does not require any agreement to release by the university and occurs after one would naturally say that a conditional contract had become unconditional by satisfying A level grades. There are ways of bringing adjustment into a contractual analysis but they are clumsy.

More serious is the issue of financing. At the time of Moran, a student grant included a course fee element. Every educational authority paid course fees to every university. It very much looks like a grant to satisfy a contractual liability of the student. The university had no direct relationship with the Council except to cash the Council's cheque.

SFE has a much closer connection with the universities despite SFE supposedly being a lender to the student. You can't see that as a three way contract because SFE are not on the scene when the UCAS offer is accepted. So the contract betwen the student and the university entered into on acceptance would have to have different terms if the student subsequently applies for SFE funding. There would be different terms again if he applies for Welsh finding etc etc.

Taking Occam's Razor to all of this, it is a lot easier to say that there is no intention to create legal relations until a student enrols.