Contracts-University Degree Program-Breach of Contract

Plaintiff appealed the dismissal of his complaint alleging breach of contract, unjust enrichment and promissory estoppel. Plaintiff enrolled in defendant’s B.A./M.D. program and in the summer after his first year received an unsatisfactory grade in a class required to advance to the third year, leading to his placement in an alternative curriculum program. Plaintiff protested his placement, arguing that the class was not required to complete year one, but later acquiesced after being advised that the program’s courses would improve his science GPA. However, plaintiff was later informed that the additional classes would not replace his earlier grade or count toward his science GPA, leading to his withdrawal from the program due to an insufficient GPA.

Where some of plaintiff’s claims had accrued outside the applicable limitations period, they were time barred, and he failed to sufficiently allege that defendants had made certain contractual promises they purportedly breached. However, he adequately pled that defendants promised to fully replace grades of retaken courses, which constituted a definite promise that could support a breach of contract claim.

Judgment is affirmed in part and reversed and remanded in part.

Carter v. The Curators of the University of Missouri (MLW No. 85238/Case No. WD87975 – 27 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Jackson County, Caine, J. (Jonathan Sternberg and Allyson B. Ralls, Kansas City for appellant) (Christina M. Wahl, Laura K. Brooks and Jeffrey P. Blackwood, Kansas City for respondent)