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written or oral agreement that involves legally binding obligations between two or more parties.
Purpose: to provide legal recourse should one or more of the parties not perform its obligations as set forth under the contract |
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parties have an oral agreement or have reduced agreements to writing.
Written contracts are always the most desirable form.
Although oral contracts are recognized, they cannot always be enforced by the courts |
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| inferred by law and are based on parties' conduct |
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| allow one party, but not the other, to escape from legal obligations under the contract |
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| those is which obligations have been performed fully |
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| those in which obligations have been performed fully |
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| one that is a valid, legally binding agreement. If one party breeches it, the other will have an appropriate legal remedy |
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| one in which, because of some defect, no legal remedy is available if breached by one of the parties to the contract |
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| To be enforceable, a contract must contain these things |
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Both parties must be considered competent
(excludes minors, mentally insane, and prisoners)
Must contain an offer or communication, consideration, and acceptance |
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| Breech of Contract Lawsuit, elements must be established |
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Definition
A valid contract was executed
The plaintiff performed as specified in the contract
The defendant failed to perform as specified in the contract
The plaintiff suffered an economic loss as a result of the defendant's breach of contract |
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agree to perform work without being under the direct control or direction of another party
An employer is liable for the torts or negligence of an independent contractor in certain circumstances;
negligence for the employer in selecting, instruction, or supervising the contractor |
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| Permissible defenses for not performing under a contract |
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Definition
Fraud
Mistake of fact or law
Duress:the use of unlawful threats or pressure to force an individual to act against his or her will
Lack of legality of the contract
Impossibility to perform the contract
Expiration of the statute of limitations |
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| Binding contract between an employer and employee |
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Definition
Employee Handbooks
Medical Staff Bylaws |
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| allow organizations to contract with physicians and medical groups to provide specific services to the organization |
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| a federal agency that monitors the marketplace and enforces federal antitrust laws with the goals of maintaining free enterprise and a competitive marketplace |
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prohibits further appointments to an organization's medical staff, must be applied with consistency and without discrimination
Usually lifted at some point, a closed staff is more permanent in nature |
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| a written document that sets forth terms and conditions under which a patient may be transfered to an alternate facility for care |
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the insurer has an obligation to
Indemnify (To protect against damage, loss, or injury; insure, To make compensation to for damage, loss, or injury suffered) the insured for losses caused by specific events
In return, the insured must pay a fixed premium during the policy period
The interpretation of an insurance contract an give rise to a legal action when the insurer refuses to indemnify the insured |
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