Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross

Exercise 12

CASE PROBLEM WITH SAMPLE ANSWER: Fraudulent Misrepresentation.
According to the student, handbook at Cleveland Chiropractic College (CCC) in Missouri, academic misconduct includes "selling … any copy of any material intended to be used as an instrument of academic evaluation in advance of its initial administration." Leonard Verni was enrolled at CCC in Dr. Aleksandr Makarov's dermatology class. Before the first examination, Verni was reported to be selling copies of the test. CCC investigated and concluded that Verni had committed academic misconduct. He was dismissed from CCC, which informed him of bis tight to an appeal. According to the handbook, at the hearing on appeal a student could have an attorney or other adviser, present witnesses' testimony and other evidence, and "question any testimony … against him/her." At hearing, however, Verni did not bring his attorney, present evidence on his behalf, or question any adverse witnesses. When the dismissal was upheld, Verni filed a suit in a Missouri state court against CCC and others, claiming, in part, fraudulent misrepresentation. Verni argued that because he "relied" on the handbook's "representation" that CCC would follow its appeal procedure, he was unable to properly refute the charges against him. Can Verni succeed with this argument? Explain. [ Verni v. Cleveland Chiropractic College, 212 S.W.3d 150 (Mo. 2007)]