Homework Assignment for Week 3 Question 1
HomeworkAssignment for Week 3
WhenOwen telephones an order to the Hillary’s store for the goods, heenters into a contract. The legal obligation existing here is thatOwen has to pay Hillary for the goods delivered to him, despite priceor the terms of payment being discussed. In this case, this is animplied contract although the terms of the agreement are not stated,an agreement is deemed to exist based on the apparent actions of theparties involved (Richards84). In the case presented, Owen telephones an order and no termsconcerning the price and payment are stated. Since Hillary does notreject the order, he has a legal obligation of supplying Owen withthe ordered goods. It may be assumed that Owen and Hillary havepreviously dealt with each other and Owen knows the price for thegoods and the terms of payment this is the reason why it is notprovided in the contract.
MaryDobos was in a serious condition that deserved the intervention ofBoca Raton Community Hospital in order to save her life. AlthoughMary Dobos did not sign any contract in order to make an acceptanceto the services provided by Nursing Care Services, Inc, she has anobligation of paying the entire bill of $3,723.90. Although there wasno written contract between Nursing Care Services Inc. and MaryDobos, the contract between the two parties was valid because itinvolved a quasi contract being in a serious condition, Bota RotonCommunity Hospital had an obligation of ensuring that it saves Mary’slife. Therefore, by calling Nursing Care Services, Inc., there was toexist a contract between the patient and the nursing servicesfacility without the need of the patient signing a written contract.The contract exists because the society demands that individuals inthe position encountered by Mary be offered assistance. However, outof the assistance offered, the society requires that the beneficiaryof the assistance provided need to pay for the services in order toprevent unjust enrichment and ensure fairness (Richards106). Although the court ordered a compensation of partial payment of$248, I think it did not make the ruling as it deserved. This isbecause it was apparent that the total bill was reasonable, theservices were necessary and the competency of the nurses wasundisputed. The decision of the Nursing Care Services, Inc. to makean appeal was the right decision since Mary has a legal liability ofpaying the entire bill being requested since she received theservices that were necessary, which is a requirement by society.
Accordingto the Unified Commercial Code (UCC), the following transactions areusually covered sales, negotiable instruments, leases, bank depositsand collections, bulk sales, letters of credit, funds transfers,investment securities, documents of title, and secured transactions.The contract involving Charles Drilling Co. and Osterholt ofinstalling a well and water system, which would produce a specifiedquantity of water does not fall in any of the above mentionedtransactions that involve the Uniform Commercial Code. Therefore, thebreach of the contract involving Charles Drilling Co. and Osterholtcannot apply to the ruling of Uniform Commercial Code. The UniformCommercial Code deals with financial contracts and the contract underconsideration is not a financial contract, thus it cannot fall underUCC (Tepper64).
Richards,Paul. Lawof Contract.Harlow, England: Pearson Longman, 2005. Print.
Tepper,Pamela R. TheLaw of Contracts and the Uniform Commercial Code.Clifton Park, NY: Delmar Cengage Learning, 2012. Print.