Summary
This Second Circuit opinion addresses whether a student can claim breach of an implied contract when a college transitions to remote learning due to the pandemic without refunding tuition. Finding a split between federal circuit precedent and recent New York state appellate decisions on whether a specific promise of in-person instruction is required, the court certifies a question to the New York Court of Appeals. The panel reserves decision on the appeal pending the state court's response.
Topics
Practice areas
Questions Presented
- Whether Beck pleaded sufficient facts to state a claim that the implied contract required Manhattan College to provide in‑person instruction under New York law.
Holdings
- The panel certifies the question of whether New York law requires a specific promise to provide exclusively in‑person learning as a prerequisite to the formation of an implied contract, and reserves decision on the merits.
Factual background
Beck was a full‑time student who paid tuition and a $685 comprehensive fee for the spring 2020 semester. After March 9, 2020 the college shut down its campus and moved to online instruction, providing only about 46 % of the semester in‑person. The college refused to refund any tuition or fees. Beck sued alleging breach of an implied contract and unjust enrichment.
Procedural history
The district court granted Manhattan College’s motion for judgment on the pleadings on the breach of implied contract claim, dismissed the fee claim based on a non‑refundable fee provision, and later granted summary judgment on the unjust enrichment claim for tuition, entering final judgment on June 29, 2023. Beck appealed those dismissals.