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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I took an online class. The teacher posted a test entitled

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I took an online class. The teacher posted a test entitled "Review Test" on a software that handles the subject. At the top of the test were the words "this test is NOT graded". I found out after the test was due that the syllabus said that the review test was graded.
The Review Test was similar to the actual test that I took and I knew was graded.
Have I got any legal right to ask that the test not be counted or even be given full marks on the test?
(In my experience teachers become sloppy when using software that makes tests for them and they do not look at or review the tests themselves.)

Thank you for your question.

The legal right you have revolves around the contractual relationship you have with the educational provider. Your contract, in essence, is that you are paying for an education, which will be assessed of you through tests and grades. Thus, if the provider has instructed you that a matter will not be graded, then it is breach of the contract to grade you on something where there was a representation that you would not be graded on it.

Essentially, you could sue the education provider for breach of contract and negligent misrepresentation in connection with the inclusion of the grade on the disputed item in your over all grades.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
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