Doctor Example doctor who renders first aid to an unconscious man and later

Doctor example doctor who renders first aid to an

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Doctor Example: doctor who renders first aid to an unconscious man and later sends a bill for his services-As long as it's reasonable, we don’t want to not uphold it. Because then doctors may not help in that situation because they wouldn’t be paid for it.Carol v. Lee & Deskovick et. al. v. Porzio-Implied contract-He also wanted her to stay home (I work, you make the home)- partnership-Understood that this was the contract even though it wasn’t negotiatedValid, Voidable, and Void ContractsValid Contract:is one in which all of the required elements are present. As a result, it is enforceable against both partiesVoidable Contract:-Basically: One of the parties has the rightto withdraw (usually someone in a lower position)
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-Is when one of the parties to a contract has the legal right to withdraw from it at a later time without liability. Contracts in which fraud is present fall within this category, becausethe law permits the one who has been defrauded to set aside the contract.-**Minor’s contract are a common example of voidable contractsVoid Contract:-Dead on arrival-Wholly incompetent- can’t have a meeting of the minds-Those in which, so far as the law is concerned, never existed at all. Contracts are usually void for either or two reasons:-1. One of the parties is wholly incompetent at the tie of contracting (such as a person who has been legally declared insane)-2. The purpose of the contract is totally illegal (such as an agreement calling for the commission of a crime)Unenforceable Contract:-Was valid at the time it was made but was later rendered unenforceable because of the application of some special rule-Ex. Death of person giving personal services, statute of fraud, bankruptcy***For Texas, anything over $500 has to be in writing for it to be a valid contract, real estate alsohas to be a written documentAdhesion Contracts (opposite of negotiated contracts)Adhesion Contracts:-Take it or leave it contract-Can’t really be negotiated-****** If it is“unconscionable” it will not be upheld-Cab to the hospital example-Adhesion Contracts (as opposed to negotiated or “dickered” contracts) are formed whereone party- usually having greatly superior bargaining power than the other- prepares the terms of a proposed contract and presents it to the other party on a take-it-or-leave-it basis-Ex. apartment leases, hospital admission forms, and sales contracts of new car dealers-Such contracts are generally enforceable unless the terms are so shockingly one-sided as to be in the opinion of the courts “unconscionable” in natureIs this a valid contract?-Bug’s Life:-Other movie with the boat deal: Still talking about it, just clarifying terms
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Ch. 11 The AgreementWhy do I need to know this?***Difference between counter offer and acceptance-Sell your stuff-Buying stuff-Protect yourself and your businessAgreement needs offer and acceptanceIntentions of the Parties-The first and foremost element of any contract is an agreement- a reasonably definite understanding between two or more persons-
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