Gott v. Berea College
Encyclopedia
Gott v. Berea College (156 Ky. 376, 161 S.W. 204 [1913]) was a case decided by the Court of Appeals of Kentucky.
owned by Gott in Berea across the road from Berea College
was frequented by student
s of the college
. The college, for reasons owing to concerns that nowadays are lost to antiquity, amended its rules to forbid the patronage by students of establishments not owned by the college. The penalty
for doing so was dismissal from the college. Several students who visited Gott’s restaurant were subsequently dismissed and the number and frequency of student customers diminished considerably subsequent to the dismissals. Gott filed suit against Berea College for an injunction
to stop enforcement of the new rule as well as for damages
.
, the college did have the authority to issue the rule and that students at the college were obligated to conform their behavior to the rule since a “...college or university may prescribe requirement
s for admission and rules for the conduct of its students, and one who enters as a student impliedly agrees to conform to such rules of government.”
The court noted that a public institution, one supported “from the public treasure” had more exacting criteria to meet but since Berea College was a private institution, the above implied contract
between student and college was sufficient.
Next the court reviewed the relationship between Gott and Berea College to determine if there was a contractual relationship which the college had broken but found none. Finally, the court reviewed the question of unreasonable, malicious, or wrongful restraint of trade
by the actions of the college but could find no evidence of such.
Facts
A restaurantRestaurant
A restaurant is an establishment which prepares and serves food and drink to customers in return for money. Meals are generally served and eaten on premises, but many restaurants also offer take-out and food delivery services...
owned by Gott in Berea across the road from Berea College
Berea College
Berea College is a liberal arts work college in Berea, Kentucky , founded in 1855. Current full-time enrollment is 1,514 students...
was frequented by student
Student
A student is a learner, or someone who attends an educational institution. In some nations, the English term is reserved for those who attend university, while a schoolchild under the age of eighteen is called a pupil in English...
s of the college
College
A college is an educational institution or a constituent part of an educational institution. Usage varies in English-speaking nations...
. The college, for reasons owing to concerns that nowadays are lost to antiquity, amended its rules to forbid the patronage by students of establishments not owned by the college. The penalty
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
for doing so was dismissal from the college. Several students who visited Gott’s restaurant were subsequently dismissed and the number and frequency of student customers diminished considerably subsequent to the dismissals. Gott filed suit against Berea College for an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
to stop enforcement of the new rule as well as for damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
.
Issue
Was the rule forbidding students from patronizing eating establishments not associated with Berea College a reasonable one and did Berea College have the authority to create and enforce the rule. Did Gott actually have a lawful complaint or were Berea College’s actions lawful and performed in a proper manner?Judgment
The court acknowledged that Gott’s business had been much reduced after the rule was effected but the question was whether the college’s actions were unlawful. The court first determined that because Berea College was acting in loco parentisIn loco parentis
The term in loco parentis, Latin for "in the place of a parent"" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent...
, the college did have the authority to issue the rule and that students at the college were obligated to conform their behavior to the rule since a “...college or university may prescribe requirement
Requirement
In engineering, a requirement is a singular documented physical and functional need that a particular product or service must be or perform. It is most commonly used in a formal sense in systems engineering, software engineering, or enterprise engineering...
s for admission and rules for the conduct of its students, and one who enters as a student impliedly agrees to conform to such rules of government.”
The court noted that a public institution, one supported “from the public treasure” had more exacting criteria to meet but since Berea College was a private institution, the above implied contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
between student and college was sufficient.
Next the court reviewed the relationship between Gott and Berea College to determine if there was a contractual relationship which the college had broken but found none. Finally, the court reviewed the question of unreasonable, malicious, or wrongful restraint of trade
Restraint of trade
Restraint of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. In an old leading case of Mitchell v Reynolds Lord Smith LC said,...
by the actions of the college but could find no evidence of such.