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26 votes
26 votes
Sam burned his hand on the stove. The burn was so bad that it permanently scarred his hand and made it hard to grip things. A doctor told him that he could fix the hand through a simple “skin-grafting” procedure. Sam and the doctor entered into a contract to have the surgery for $1,200. After the surgery, Sam’s hand worked perfectly, but he grew hair out of the palm of his hand. Even though he tried waxing his hand and using Nair, he was not able to stop the hair from growing. Did the doctor breach the contract by giving Sam a hairy hand? If so, why, and what should the court do about it?

User Max Wen
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2 Answers

21 votes
21 votes

Final answer:

Under contract law, the doctor may have breached the contract by giving Sam a hairy hand. The court could order remedies such as compensation for damages and appropriate relief to Sam.

Step-by-step explanation:

Under contract law, a breach of contract occurs when one party fails to fulfill their obligations as outlined in the agreement. In this case, the doctor entered into a contract with Sam to perform a skin-grafting procedure on his hand. If the contract stated that the procedure would fix Sam's hand without any adverse side effects, such as growing hair out of the palm, then the doctor may have breached the contract by not fulfilling the agreed-upon terms.

If the court determines that the doctor breached the contract, they may order various remedies. The court could require the doctor to compensate Sam for any harm or damages caused by the breach, such as the cost of additional treatments or procedures to address the hair growth. The court may also award Sam any other appropriate relief to put him in the position he would have been in had the breach not occurred.

User Khelben
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20 votes
20 votes
The doctor did not read my contract for giving Sam a hairy hand because he did fix his hand and that was what was in the contract there were risks for skin graphing and to get that procedure done he would have to put the risks in a contract
User Moumen Soliman
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2.9k points