Cases & Developments

Opinion Affirming Defendant’s Summary Disposition. Plaintiffs, two students who attended the University of Michigan during the Winter 2020 semester, brought breach of contract and unjust enrichment claims against the university, seeking prorated refunds for tuition, fees, and room and board after the university modified the educational program by moving classes online and canceling campus events in response to the COVID-19 pandemic. After the court of claims granted summary disposition to defendants, plaintiffs appealed. The court of appeals affirmed, holding that plaintiffs failed to raise a genuine issue of material fact on any of their claims. With respect to plaintiffs’ tuition reimbursement claim, the court held that “[i]n light of the university’s written indication that courses were subject to change, and plaintiffs’ failure to point to any evidence to the contrary,” there was no evidence of an offer, or a meeting of the minds on any specific format for delivering educational services, and therefore, no enforceable contractual promise. The court also held that the university did not breach any terms in its housing contracts, noting that while the university explicitly allowed students to remain in campus housing, it offered students a $1,200 refund for those who chose to move out, which both plaintiffs accepted. Finally, the court concluded it was not unjust for the university to retain tuition and fees paid by the plaintiffs, reasoning that the university charged the same for both in-person and online instruction and had “successfully maintained the core of its educational mission” by continuing to provide these services throughout the pandemic.