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Is this legal?

 
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eissc



Joined: 02 Feb 2003
Posts: 7
Location: Beijing, China

PostPosted: Thu Apr 17, 2003 8:51 pm    Post subject: Is this legal? Reply with quote

Oxbridge University Business School (OUBS) recently published the following notice in their school catalog. Is this typical? Is it legal?

"Important Notice

The University reserves the right to change, at any time, without prior notice, programs of study, course offerings, academic requirements, the academic calendar, codes of conduct, tuition, room and board charges, and other fees, policies, and procedures. The University will determine the times at which all such changes are effective. Changes may apply not only to prospective students but also to those who are already enrolled in the University. OUBS Catalog is published for information purposes and should not be constituted as the basis of a contract between a student and OUBS. Every effort is made to provide information that is accurate at the time the Catalog is prepared. However, information concerning regulations, policies, fees, curricula, courses, and other matters contained in this Catalog is subject to change at any time during the period for which the Catalog is in effect. The Academic Affairs Office can be contacted at any time for current information on these matters."


Let me see if I understand this. A student and their parents have or will sign a contract based on certain agreements made by the school to entice the student to enroll and pay the 30,000 RMB tuition fee. Once the money and the contract are in hand, OUBS can then change any part of that agreement at any time without any liability.

It is interesting to note that the school has operated this way for the past year, maybe longer, and now they are finally making it public.

I wonder if the students can change any part of that agreement, without prior notice, at any time, and without liability. Probably not.

Does anyone out there know if this is legal? Does your school operate this way? I wonder if this is typical in China.
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Peter



Joined: 29 Jan 2003
Posts: 161

PostPosted: Thu Apr 17, 2003 11:04 pm    Post subject: Reply with quote

Scroll down the index page to: How many more will leave OUBS
for an extended explanation why such a contract is in existence.
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Fri Apr 18, 2003 12:27 am    Post subject: Reply with quote

Oh come on, guys, this school at least takes upon itself the trouble of INFORMING people that CHANGES may be NECESSARY some time into a course, which I consider a big improvement over the rather cavalier prctice in this country of taking decisions with absolutely no regard to how the affect both teachers and learners!!!
How many of us have been teacher no. 3 to a class that has been going on for 6 weeks?
How many of us have been told to stand in for someone else at 5 minutes' notice?
How many of us have seen their classes cancelled du to low attendance (although all students had paid fully for several more weeks to come!)?
How many of us were told at one time or another that our class had been cancelled due to "student meeting", and we needed to make up at a most inconvenient time?
Well, I am not defending the said school as I don't know them at all.
But I must say that Western cultural practices like disclaimers in legal documents are a MAJOR improvement, really!
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eissc



Joined: 02 Feb 2003
Posts: 7
Location: Beijing, China

PostPosted: Fri Apr 18, 2003 3:41 am    Post subject: Disclaimer? Reply with quote

Roger,

Maybe it is a disclaimer, but I'm not sure how this is a major improvement.

Here's an improvement. Fewer words, same meaning:

"We are not bound by any contracts, verbal or written agreements, or advertised claims of any kind. However, students are bound to all agreements they sign, and any others we decide to add later."

Speaking from experience, this is not an innocent attempt to inform people that changes may be necessary. They are in legal trouble and they are now trying to cover all of their bases. At least now they can say, "Your Honor, we told everyone that we were planning to take advantage of them, but they didn't listen."
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MyTurnNow



Joined: 19 Mar 2003
Posts: 860
Location: Outer Shanghai

PostPosted: Fri Apr 18, 2003 5:07 pm    Post subject: Reply with quote

I gotta back Roger on this one.

Eissc, the way I read the wording you clipped in, they aren't saying that they don't honor a contract- only that the catalog isn't a contract. Constant flux is a fact of life in schools with foreign teachers, and not promising to never alter a schedule seems pretty prudent.

Scheduling is the bane of the manager. I hate it. Even in the smallest schools it's insanely and amazingly complex. I've never posted a schedule that didn't have to go through about 20 revisions.

If what I have read elsewhere is true OUBS has done enough really disturbing things in other areas. Don't need this one to dislike them.
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Bertrand



Joined: 02 Feb 2003
Posts: 293

PostPosted: Thu Apr 24, 2003 8:04 am    Post subject: legal? China? Reply with quote

Legality has various degrees in China. 'Contracts' are full of nebolous turns of phrase on the primative Chinese mainland. Take, for example, a sample contract of EF English First. It is full of expressions such as 'including but not limited to...' !
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MW



Joined: 03 Apr 2003
Posts: 115
Location: China

PostPosted: Sat May 03, 2003 12:12 am    Post subject: Reply with quote

"including but not limited to" is standard legal language in every English common law Country.

It means that the list of examples is not inclusive or limited but merely exemplary.
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Dragon



Joined: 16 Jan 2003
Posts: 81

PostPosted: Mon May 05, 2003 5:08 pm    Post subject: Reply with quote

Dear Comrade MW,
thank you for your legal expertise. the above poster would do well to listen to you and real all of your postings as I do, (I even print them). Do not hesitate on giving us any advice you feel we may require so that we may exist here for 25 years like you who came to the motherland in 1978.
May the Heavens watch over you wise one.
DRAGON Exclamation
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Bertrand



Joined: 02 Feb 2003
Posts: 293

PostPosted: Wed Jul 16, 2003 5:12 am    Post subject: Reply with quote

MW wrote:
"including but not limited to" is standard legal language in every English common law Country.

It means that the list of examples is not inclusive or limited but merely exemplary.


Obviously; yet when a contract states that the teacher's "tasks" (quite a broad term I think you would agree) "include but are not limited to..." then you have a cause for concern.
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Linda L.



Joined: 03 Jul 2003
Posts: 146

PostPosted: Wed Jul 16, 2003 5:46 am    Post subject: Reply with quote

Bertrand are you bored, lonely, depressed?

Reviving a thread that has been dead for over two months seems like a desparate cry for help.

How can we help you Bertrand?

From many of your posts you appear to be a real intellectual who may be over qualified for your current job or just under-employed. Maybe you think it presumptious for a small person from West Virginia with only a GED to offer you help, but you never know.
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ITCjohn



Joined: 26 Apr 2003
Posts: 51
Location: Xiamen

PostPosted: Sat Jul 19, 2003 12:49 am    Post subject: No Linda, Bertrand's motives were sound Reply with quote

Quote:
Reviving a thread that has been dead for over two months seems like a desparate cry for help.


Not a cry for help, Linda L., rather a howl of longing from the depths of his memory - from all our memories - for the good ole days; the days when MW and Dragon reigned supreme on this forum.

How could you possibly have believed otherwise?
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aaronschwartz



Joined: 17 Jul 2003
Posts: 145
Location: Beijing

PostPosted: Sat Jul 19, 2003 2:24 am    Post subject: Reply with quote

ITC John which one are you, MW or Dragon?

This is the second post where you pine away for your lost partner.
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