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Post Info TOPIC: John, and anyone else, quasi-contract question.


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John, and anyone else, quasi-contract question.


What is your opinion on quasi-contracts?

Example, if you're not aware of the concept or someone else isn't: you get in a bad car accident in the mountains and in the car behind you is a doctor.  He treats you while you're unconscious and waits for an ambulance to arrive.  In a week, you receive a bill from the doctor for the service.
I guess the point is when someone is knocked unconscious and bleeding or something, it's assumed he would want the services of a doctor but he can't actually give consent.

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okay so what's your question?

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can you help me! I need help?

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"Moris should be here soon to rub it in my face..." -Pizza


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My question was simply your opinion on assumed agreements between 2 individuals. DO you think the person should have to pay/

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I've been studying quasi-contracts in Commerical Law the past couple weeks. I can see why someone would object to them, but I think they do more good than bad overall.

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I would certainly feel an obligation, morally, to give back in anyway that I could to the person for saving me, but I'm not sure if it should be a legal thing. Doctors have a legal obligation to take care of people in a medical situation. If he stops, sees you and ignores it, then he can be prosecuted as far as I know.

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Is the doctor board certified in the place where this accident occured?

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you'd have to be a scumbag to charge in a life or death situation. You're not obligated to help but if you do help because you know if you don't they could die and then try to charge them for it. That's pretty messed up.


But then again they would receive the same treatment at a hospital, not only that but they got it a lot sooner than if the doctor wasn't there. If the doctor on site helps you avoid getting the same treatment once you arrive at a hospital that seems fine.


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Quasi-contract doesn't only apply to a setting offsite of a hospital (and it isn't limited to medical situation). If you were brought into an ER and were incapable of making decisions for yourself, the doctor would perform the procedure it would be assumed you'd consent to. I don't understand why it isn't okay to charge for it.

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Or rather, I don't understand why someone would think it isn't okay to charge for it.

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some people can't afford things. Some people wouldn't want their families to have to struggle to pay for such a bill.

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"Moris should be here soon to rub it in my face..." -Pizza


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Perhaps if the bill was drastically lower than a normal operational bill, but still, no one consented to it.

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I think you're assuming a great deal, there, Moris.

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there are a lot of poor people, poor people aren't immune to injury. I'm just giving an example, I'm saying that it happens at an alarming rate.

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"Moris should be here soon to rub it in my face..." -Pizza


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You're assuming either way.

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I think it's safer to assume that a person would want to not die than to assume that their life is worth less than the sum total of their medical expenses.

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I'm assuming that this happens to poor people?

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Jason wrote:

I think it's safer to assume that a person would want to not die than to assume that their life is worth less than the sum total of their medical expenses.




 well yea, I was just trying to think of a situation where someone would not conscent to treament. I guess I should have went with "on site treatment is not always necessary"



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"Moris should be here soon to rub it in my face..." -Pizza


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Jason wrote:

I think it's safer to assume that a person would want to not die than to assume that their life is worth less than the sum total of their medical expenses.




How dare you make such assumptions!

But seriously, costs for operations can be quite high, and some people have NO way to pay for it.



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Better bankrupt than dead, I say.

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