A contract consists of a voluntary agreement that two parties enter into with th

Question

A contract consists of a voluntary agreement that two parties enter into with the intent of benefitting each other (Fremgen, 2012). Something of value, which is termed consideration, is part of the agreement (Fremgen, 2012). A contract can be either expressed or implied. An express contract is an agreement that clearly states all the terms. It can be entered into orally or in writing (Fremgen, 2012).

A breach of contract occurs when either party fails to comply with the terms of the agreement (Fremgen, 2012). For example, if a physician refuses to perform a medical procedure he or she had agreed to perform, the physician has breached the contract (Fremgen, 2012). If a patient does not pay an agreed-upon fee, then the patient breached the contract with the physician (Fremgen, 2012).

Now, respond to the following questions:

Find out Georgia's current court decisions for breach of contract and provide an example of breach of contract affecting a hospital.

Review and describe Georgia's methodology for addressing issues pertaining to such a breach of contract.

Describe how legal procedures have evolved over time to help reduce such occurrences.

Describe how the breach of contract you identified could have been avoided

Explanation / Answer

When one party does not perform or live upto his obligations under a cobtract without a justification,the other party have a legal claim for breach .The law does not require all contracts in writing ,it can be in oral also.But proving the existence and terms of an oral contract is however a more challenging to prove than a written contract.Georgia law does require that certain contracts should be in writing to be enforceable .ThIs rule is called "statute of frauds".It involves Breach of contract ,frauds,damages,rescission, and specific performances.For example, few situations in some hospitals where there is a contract between a healthcare organization and the product supplier like oxygen cylinders etc.It was a contract for five years in which the product supplier failed to continue the contract by stopping sending their items due to misunderstand that the hospital did not pay its dues.In such kind of situations Georgia court will first decide whether a written contract existed or not,according to that it would trigger based on the nature of the contract and the legislative will make sure that the statute of limitation for five years applies.

To reduce such occurences would be mainly prevented by perfect written contract between two parties .if it exists it would trigger based on written or the nature of form of a professional services contract which does not alter the threshold question.

Due to misunderstanding of the product supplier many patients will get affected in hospital ,in order to avoid such kind of situations both the parties should make a clear contract that the bills will be provided to the vendor on time by sending both the hard and soft copies and reminding them time to time to send cylinders.A clear conversation should be done between the two parties regarding such kind of situations .

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