Question

Joe goes to the dentist to have a tooth extracted. Joe never signs a written contract for this service, and he and the dentist never made an oral agreement either. Later the dentist bills Joe, and Joe refuses to pay. After that, the dentist sues Joe. Which of the following is true?a. The dentist can recover under quasi-contract.b. The dentist can recover under an implied contract theory.c. a and b are true.d. The dentist cannot recover because there was no express contract here.

Answer 1

B. The dentist can recover under an implied contract theory.

An implied contract is a type of contract that is formed based on the actions and circumstances of the parties, even if there is no written or oral agreement. In this case, the dentist performed a service for Joe by extracting his tooth, and Joe benefited from the service. This creates an implied agreement between the two parties that Joe will pay for the service. Thus, the dentist can recover under an implied contract theory.