Part II: Breach of Contract
A contract consists of a voluntary agreement that two parties enter into with the intent of benefitting each other (Fremgen, 2012). Something of value, which is termed consideration, is part of the agreement (Fremgen, 2012). A contract can be either expressed or implied. An express contract is an agreement that clearly states all the terms. It can be entered into orally or in writing (Fremgen, 2012).
A breach of contract occurs when either party fails to comply with the terms of the agreement (Fremgen, 2012). For example, if a physician refuses to perform a medical procedure he or she had agreed to perform, the physician has breached the contract (Fremgen, 2012). If a patient does not pay an agreed-upon fee, then the patient breached the contract with the physician (Fremgen, 2012).
Now, respond to the following questions:
- Find out your state’s current court decisions for breach of contract and provide an example of breach of contract affecting a hospital.
- Review and describe the state’s methodology for addressing issues pertaining to such a breach of contract.
- Describe how legal procedures have evolved over time to help reduce such occurrences.
- Describe how the breach of contract you identified could have been avoided.
Justify your answers with appropriate research and reasoning by using examples and references from textbooks, the South University Online Library, and other acceptable references. Cite sources in the APA format. Further, comment on the postings of at least two peers.
Fremgen, B. (2012). Medical law and ethics. (4th ed.). Boston, MA: Prentice