K. D. V Educational Testing Service

87 Misc.2d 657, 386 N.Y.S.2d 747 (1976)

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Nature of the Case

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Facts

The LSAT test given by ETS(D) is an important factor in law school admission. D requires each person to fill out a registration form that requires him to accept the conditions D sets out concerning the administration of the test and the reporting of the test information to law schools. These conditions give D the right to cancel any test score if, in its sole opinion, there is adequate reason to question its validity. K.D's (P) score increased by 238 points between tests taken. D's policy requires an investigation of any increase over 150 points. D made a comparison of P's answers with those of a candidate seated adjacent to him. This comparison indicated that there was a high probability that P had copied the answers. P sought a declaratory judgment that the contract with D was an adhesion contract and was unenforceable.