Jacobsen attended Columbia University from 1951 to 1954. During his years at Columbia, Jacobsen was a difficult student and critical of his professors. He shifted his academic interests a number of timesfrom physics to social work to creative writing and other areas. In his last year, he attended classes only as he chose, and he rejected the university's regimen requiring examinations and term papers. Ultimately, he failed to graduate because of poor scholastic standing. When Columbia sued Jacobsen for $1,000 in tuition still owed by him, Jacobsen countered with the allegation that the university had failed to impart the "wisdom" promisedby its motto, its brochures, the inscriptions over its buildings, in its presidential addresses, and so on. Because Columbia had promised something it could not deliver, it was guilty of misrepresentation and deceit and should return to Jacobsen all the tuition he had paid$7,016. [Trustees of Columbia University v. Jacobsen, 53 N.J.Super. 574, 148 A.2d 63 (1959)] Assignment

Questions Do you agree with Jacobsen that Columbia, by implicitly promising to impart wisdom, was guilty of misrepresentation?

Can "wisdom" be imparted?

What exactly is the nature of a university's contractual duty to its students?

Review the list of equitable maxims in Chapter 1. Which maxim is most appropriate to Jacobsen's behavior in this case?