Question

Read the following cases and provide a response of at least 300 words answering all parts of the assigned case questions. Please see the grading rubric for details on how your case study submission will be graded.

Cases:

10-2 Implied Contract

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?

Answer 1

Nursing Services Unlimited may recover the $4,000 from Janine for the nursing care provided, under the concept of an implied contract, considering Janine was aware of and accepted the care services at home.

Step-by-step explanation:

The case presented involves an issue of whether Nursing Services Unlimited can recover $4,000 from Janine for nursing care provided in the absence of an express contract. This matter would be evaluated under the principle of implied contract, which exists when the circumstances imply that parties have reached an agreement even though they have not done so expressly.

In Janine's case, while she may argue that she did not enter into a formal or written agreement, the doctor's instruction to the hospital to order around-the-clock nursing care, the hospital's subsequent arrangement with the nursing services firm, and Janine's acceptance of these services at home imply the existence of a contract. Since Janine was aware of the benefits she was receiving and accepted the services, it would be reasonable for the nursing services firm to expect payment.

The legal concept at stake is the implied-in-fact contract, which holds that the conduct of the parties involved suggests their mutual assent to an enforceable agreement. Given that Janine received and was aware of the benefits of the professional nursing care, a court would likely conclude that she is obligated to pay for the services. This aligns with the notion that individuals should not be unjustly enriched by services they accept and use, especially in professional contexts such as the labor market for nursing and other healthcare professionals.