Under contract law, un written terms and agreements concluded before the signing of a contract or amendments made after its performance are not recognized by courts that invoke the proverb “it must be made in writing”. If we want the curriculum to be considered as a contract with our students, we must apply the same saying. If you drag your curriculum rules throughout the semester – just to impose them during the end of year week – students will ask themselves, “Why me? Why now? A course outline provides a roadmap for pharmacy students to achieve learning objectives and develop lifelong learning skills. For several decades, the literature has referred to higher education programmes as legal documents and/or contracts between students and professors. A review of legal precedents shows that school curricula are not considered contracts because the courts have so far refused to recognize abuse of education or breach of contract as a means of redress. However, curricula are a trigger for teaching and grade claims, may be mandatory for students on appeal, and are used in lawsuits. Members of the Faculty of Pharmacy should review their curricula and follow process improvement strategies to develop legally correct curricula that can both enhance learning and minimize the risk of student complaints and objections. And if it were a contract, I would tend to accept these criticisms, but this program is not a contract, it is a living document that reflects the experiences, emotions, philosophies and goals that I put into a particular course. Some authors and academic websites explicitly state that a school program is a contract between the teacher and the students.9,41,44-46 Asserting that a curriculum is a contract could lead to a different legal outcome. While there is no harm in thinking that a course is a contract, there may be a legal risk of proclaiming it so.47 In none of the legal precedents has the faculty member characterized his or her curriculum as a contract. According to estoppel doctrine, faculty members who verbalize that their programs are contracts risk being treated as such.
Estoppel is the principle that prevents a person from asserting something that goes against what is implied by that person`s previous act or statement or by a previous court decision.47 The formality and gravity of a curriculum clearly give it the appearance of a contract, although the courts do not recognize it as a contract. and does not currently correspond to contract law41 or higher education law. . . .