The scope of Chapter 93A is not unlimited, as the Appeals Court
of Massachusetts recently confirmed in Beaudoin v.
Massachusetts School of Law at Andover, Inc. The case
involved a law student who was disenrolled from the school for not
obtaining a COVID-19 vaccination, contrary to what he alleged were
the school's representations. He brought claims for breach of
contract, promissory estoppel, breach of the implied covenant of
good faith and fair dealing, negligent misrepresentation, Chapter
93A, and unjust enrichment.The trial court dismissed the complaint
under Mass. R. Civ. P. 12(b)(6) for failure to state a claim.
The Appeals Court affirmed the dismissal of the Chapter 93A
claim, noting that (i) Chapter 93A, Section 2 prohibits unlawful
acts and practices occurring "in the conduct of any trade or
commerce" and (ii) although charitable corporations "are
not immune" from Chapter 93A's reach, in most cases, a
charitable corporate's activities in furtherance of its