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<p>I don’t see how any contract could be legally valid if it is missing an essential term – in this case the price of the commodity being offered.</p>
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<p>Penn’s advising other schools of its ED admit list is not a contractual remedy – it is just an action that it can take on its own. You might see the ED application as something that would bar the OP from suing Penn for releasing that information – though I don’t know if there is a specific waiver written into the ED app. (If not, its still possible that the an ED admittee could sue for the release of that information, perhaps under FERPA – but I’d have to research to see whether the names of admitted students is the sort of information protected by FERPA)</p>
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Highly unlikely that Penn would consider the parents refusal to pay – they don’t do that for any other financial aid applicants. Their whole financial aid system is structured on determining aid from parental assets and income, and not what is actually available to the students.</p>