When Binding Doesn’t Really Mean Binding: The Early Decision College Application

Student-college contracts have been extensively researched, interpreted, and adjudicated over the years. With the advent of the Early Decision application, this Article examines the contracting process and reaches the conclusion that the Early Decision application is not, in fact, legally binding because no enforceable contract has been formed by the application alone. However, colleges have little incentive to share their true interpretation of the term “binding” as applied to the Early Decision application. Barring judicial review of the enforceability of the Early Decision application as a legal agreement, prospective students will continue to base their college application choices on an erroneous belief that “binding” really means binding.

When-Binding-Doesnt-Really-Mean-Binding_-The-Early-Decision-Coll