Janine was hospitalized with severe abdominal pain and placed in an intensive ca

Question

Janine was hospitalized with severe abdominal pain and placed in an intensive care unit. Her doctor told hospital personnel to order around-the-clock nursing care for Janine. At the hospital’s request, a nursing services firm, Nursing Services Unlimited, provided two weeks of in-hospital care and, after Janine was sent home, two additional weeks of at-home care. During the at-home period of care, Janine was fully aware that she was receiving the benefit of the nursing services. Nursing Services later billed Janine $4,000 for the nursing care, but Janine refused to pay on the ground that she had never contracted for the services, either orally or in writing. In view of the fact that no express contract was ever formed, can Nursing Services recover the $4,000 from Janine? If so, under what legal theory? Janine was hospitalized with severe abdominal pain and placed in an intensive care unit. Her doctor told hospital personnel to order around-the-clock nursing care for Janine. At the hospital’s request, a nursing services firm, Nursing Services Unlimited, provided two weeks of in-hospital care and, after Janine was sent home, two additional weeks of at-home care. During the at-home period of care, Janine was fully aware that she was receiving the benefit of the nursing services. Nursing Services later billed Janine $4,000 for the nursing care, but Janine refused to pay on the ground that she had never contracted for the services, either orally or in writing. In view of the fact that no express contract was ever formed, can Nursing Services recover the $4,000 from Janine? If so, under what legal theory?

Explanation / Answer

In view of the fact that no express contract was ever formed, still the Nursing Services can recover the $4000 from Janine because of some specials contacts and laws available. In hospital doctor request a nurse for her betterment and care of Janine. Nurse was a need for Janine but she was unconscious so no agreement could be made that time. In this case a fictional contract is used which is known as quasi contract. This contract is imposed by the law to correct a situation in which one person acquires something at the cost of other person. So in this case at hospital Janine has received the service of nursing so she has to pay for it. This was the scenario of hospital but at home, Janine was totally aware that she is receiving benefit of a service which she had never contracted for. She could have denied for that service. This is a case in implied-in-fact contract where there is no agreement but the situation creates an obligation of fairness for the parties. Here, it is obligatory for Janine to pay for the service she had acquired by the nursing service.

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