Myth in a Work of Art Peter Term Paper

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Myth in a Work of Art

Peter Dalton, Respondent, vs. Educational Testing Service, Appellant

Court of Appeals of New York, Dec. 7, 1995

The facts of the case, as presented by the chief judge, are as follows. In May 1991, Brian Dalton took the SAT administered by the ETS (Educational Testing Service), obtaining a very low score. Subsequently, in November 1991, he took the test a second time, scoring this time over 350 point more than he had previously done. As the results fell into a "Large Score Differences" category, ETS found it appropriate to review the two test sheets, to submit them to a document examiner who opined that they had been completed by two different individuals. As specified in the Registration Bulletin, ground material to which Dalton had agreed to in a written statement, the test score was cancelled for reason of question its validity and Dalton was presented with five options, of which he chose the first one: "the opportunity to provide additional information.

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" ETS employed a second document examiner who sustained the first opinion of invalidity and continued to deny the November score release, at which point Peter Dalton, Brian Dalton's father, filed an action at law.

The issue of the case is whether ETS breached its contractual agreement that stipulated it would consider any additional information provided by the student. The trial court and the Appellate Division both concluded that ETS ignored the documentation provided and took into consideration only the facts supplied by the two document examiners. As a remedy for the contractual breech, an immediate release of the November score was ordered.

The discussion around the issue raised revolves around the contractual agreement between ETS and Dalton. The question is whether the breach of contract did or did not occur based on….....

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