Contracts

Brief

Dalton v. Educational Testing Service

Procedural History:

• Trial court found for Dalton
• Appealed.
• Modified in accordance with the opinion and affirmed.

Facts:

• Dalton took the SAT.
• Dalton retook the SAT in November and increased his score by 410 points.
• Because of the dramatic increase, his results must be reviewed.
• They found disparate handwriting and submitted the documents to an expert who opined that they were from two separate people.
• Dalton signed an agreement when registering for the Nov. SAT.
  • The right to cancel any test score if ETS believes that there is reason to question the scores validity.
  • The test taker will then have 5 options if ETS establishes an unfair score.
• Dalton was notified of this and provided additional information to prove it was actually him.
• This included witnesses, diagnostic tests from prep classes and information that he was sick during his first attempt.
• ETS then submitted the test to a separate expert who determined it was two different individuals taking the test.
• This action was thus commenced.

Issue:

• Was the relief of specific performance proper?

Holding:

• No. Modified.

Reasoning:

• ETS is under no duty to initiate an external investigation into a questioned score.
• However, the contract requires ETS to inquire into the additional information which is failed to previously do.
• The court ruled the info presented by Dalton to be relevant.
• The court is not determining whether Dalton took the test in November, but if ETS performed.
• ETS promised to act in good faith and consider the material submitted.