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Contract Paper Essay

Contract Paper

2.         I do agree that the dissertation committee has other implied functions other than those enumerated in the contract or in the description of their job. As a dissertation committee, they do not only serve to represent and assist the student but they are also duly bound to protect the ideas of their students. By offering the program to Johnson, the school proves that they have confidence in the capabilities of Johnson. Apart from that, in assisting Johnson, they are not bound to change any of his ideas, instead, they are only duly bound to guide him and point out matters that needs to be changed. More importantly, it is a moral responsibility of the committee not to steal any idea of the students. In this case, the respondents published the idea of Johnson without even giving the merit to Johnson. This way, the respondent and the committee as a whole were liable to Johnson.

2.         In order to build fiduciary relationship, there must be a “unique degree of trust and confidence between the parties” (119 F. Supp. 2d 90). Apart from that, there should be a “higher degree of care and responsibility from the trusted party” (Business

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Dictionary.Com, 2009). In this case, Johnson established other factors that could have fully established the relationship between him and the respondents. Several of which includes protection and provisions of rights, privileges and other protection from the school in exchange for the plaintiff to become a graduate student. However, such arguments did not suffice the court’s scrutiny. In order to fully establish the fiduciary relationship, Johnson may argue that he has fully trusted the committee by openly sharing his ideas with the promises coming from the committee members. In addition, the committee members are morally bound to support and not to defraud Johnson and other graduate school. More importantly, there has been no contradicting argument presented to prove that the relationship between students and schools is a contractual in nature. Hence, being in a contract, each party is duly bound to comply with their own responsibilities. On the part of Johnson, he has completely and without hesitation trusted to the contract between him and the school. However, the actions taken by the respondents have completely ruined such trust that bound the parties.

References

Business Dictionary.com. (2009). Fiduciary Relationship. Retrieved May 4, 2009, from http://www.businessdictionary.com/definition/fiduciary-relationship.html

Johnson v. Schmitz, 119 F. Supp. 2d 90 (D. Conn. 2000).

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