Question

Harry takes his canary to Dr Power for surgury on a broken wing. Power says thay the wing should be fully healed within a week. The wind does not heal within a week. Power is

1) not liable for breach of contract because the statement was an opinion
2) not liable for breach of contract but Harry is excused from paying the bill
3) not liable for breach of contract because the repair of the wing is not propper subject matter for contract
4) liable for breach of contract

Answer 1

Dr. Power is not liable for breach of contract as his statement about the healing time was an opinion, not a guaranteed outcome, unless there was a specific warranty to that effect.

Step-by-step explanation:

The question is asking whether Dr. Power would be liable for breach of contract when the surgery he performed on Harry's canary, which was supposed to heal within a week, took longer than that. In a contractual agreement, particularly one where a service is rendered, such as medical or veterinary services, a statement about outcomes is often regarded as an opinion rather than a guarantee. Therefore, in the case described, Dr. Power is not liable for breach of contract because his statement was likely an opinion -- unless there was a specific guarantee or warranty expressed in the agreement. The fact that Harry has regard for human life, as expressed in the dialogue, underlines the importance of ethical practice and care, but does not equate to legal liability for the canary's delayed recovery.