YOU BE THE JUDGE WRITING PROBLEM Susan Gould was appointed to a three-year probationary position as a teacher at Sewanhaka High School. Normally, after three years, the school board either grants tenure or dismisses the teacher. The Sewanhaka school board notified Gould that she would not be rehired. To keep the termination out of her file, Gould agreed to resign. In fact, because Gould had previously taught at a different New York school, state law required that she be given a tenure decision after only two years. If the board failed to do that, the teacher was automatically tenured. When she learned this, Gould sued to rescind her agreement to resign. Is Gould entitled to rescind the contract (i.e., her agreement to resign)? Argument for Gould: Both parties assumed that Gould was on probation and could be dismissed after three years. Neither party understood that after three years, Gould actually had tenure under New York State law.

Gould would never have resigned had she understood she was entitled to tenure. The misunderstanding goes to the essence of the resignation agreement, and she should be permitted to rescind. Argument for the School Board: The school board has done nothing wrong here. It is unfair to penalize the school system for an honest mistake. If Gould is serious about her career, she should understand the tenure process and should take the trouble to inform the board about unusual rules that pertain to her case. She failed to do that, causing both parties to negotiate under a misperception, and she must bear the loss.