The Basic Elements of a Contract - Essay Example

Kimberly Smith Final Exams Questions and Answers Kimberley Smith Questions and Answers Q1. Describe the basic elements of a contract A contract is defined by Meiners, Ringleb and Edwards (2014) as "An agreement, upon sufficient consideration, to do or not to do a particular thing" (p. 244). In laymans terms, an agreement gives an assurance that a specific thing will be done. For a contract to be legitimate or legally binding, it ought to consist a number of elements. Firstly, there must be a clearly defined proposition (Meiners, Ringleb and Edwards, 2014). An example of a proposition is a supplier informing or notifying you that he will deliver 10 cartons of a particular product at a price of $20 per carton. It is important to note that an proposition ought to have a defined timeframe upon which it will expire or be invalidated. Secondly, a contract must involve consideration (Meiners, Ringleb and Edwards, 2014). By delineation, consideration denotes the damages on the part of the supplier or entity giving the promise and must be quantifiable financially. The third element as posited by Meiners, Ringleb and Edwards (2014) is contractual capacity. There are legal guidelines outlining the qualifications of an individual with the capacity to enter into an contract with another person. For instance, an individual must be an adult or have attained eighteen years of age, be mentally upright. Any contract enterer with an individual who has not met the specified qualifications is invalid. The fourth element of a contract is legality (Meiners, Ringleb and Edwards, 2014). In this regard, the involved entities must be ready to bind their agreement legally. In case one of the parties does not deliver in regard to the promises outlined in the contract, the legality of the contract gives the party the basis to initiate legal proceedings against the other party. Fifthly, there must be a valid consent to enter into an agreement (Meiners, Ringleb and Edwards, 2014). By explanation, this means that an individual should individually assent to the agreement without being forced. Q8. What is informed consent? Informed consent is defined by Schermer (2002) as the practice or procedure through which a medical practitioner reveals all information relating treatment to a patient with an intention of providing him or her with all the relevant information required to make a choice to either allow or reject treatment. Patients, according to Schemer (2002), have a legal right to determine the type of treatment they prefer and it is the obligation of the physician to respect the patients decision. In order for a patient to allow or refuse treatment, the physician involved must explain in detail the processes that will be conducted, the available options, dangers involved in each of the processes, and also the advantages of undergoing treatment through the available options (Schermer, 2002). Subsequently, the physician must evaluate whether the patient has clearly comprehended all the explanations in order for him or her to make an informed decision. The decision of the patient must then be respected. However, it is important to note that a patient must have the capacity to make an informed choice and give consent for treatment. For instance, the patient must be an adult and be of sound mind. In cases where the patient does not have the capacity to give consent, then a family member chosen and authorized by the patient to make a decision on their behalf or chosen by a court of law should give the consent (Schermer, 2002). Parents or guardians have the right to give consent on behalf of their underage children. In absence of a person to give consent to treatment, a physician or medical practitioner has a legal obligation to proceed with treatment without consent in the best interest of the patient (Schermer, 2002). It is also worth noting that a consent form must be signed by the patient of the person making the decision on patients behalf. Q9. What does it mean to be employed At will, explain fully? Employment at will as explicated by Cornell (2006) refers to "employment terminable by either party, employer or employee, at any time without grounds" (p. 119). In other words, employment at will gives the employer the right to fire an employee without any justifiable cause. In an at will employment contract, employers are legally protected from any legal proceedings that may be initiated against them after terminating an employee for no reason (Cornell, 2006). Employees are advised to read through their contract forms keenly in order to avoid signing forms that allow the employer to terminate them at will. Other than firing, employment at will agreement allows the employers to transfer the employee to any location as they deem necessary, and review their remunerations at any time (Cornell, 2006). In such an agreement, an employee is not confined to specific obligations in the workplace as the employer can review the employees obligations at any time. There are however federal laws, outlined by Cornell (2006), that protect employees from termination on the basis of illegitimate or prohibited grounds. For instance, an employer cannot terminate an employee on the basis of gender or racial discrimination. Additionally, an employer cannot terminate an employee as a result of the employee filling an official complaint in relation to unlawful practices in the workplace, bullying, sexual harassment, and infringement of their rights of safety. Employment at will does not also give the employer the authority to terminate an employee for taking or requesting a medical leave, military duty, and also on the basis of exercising their civil liberties outlined in the constitution. Q10. Describe at least two rights protected by patients rights law or regulation? There are federal and state laws and regulations that safeguard the rights of patients. One of the rights of the patients protected by patients rights law is the right to obtain or be given a comprehensible elucidation of all the processes and procedures in treatment such as the assessment methods, alternatives to treatment, and the type of medications including their benefits and risks (Pozgar, 2007). Giving relevant information in regard to these processes and procedures is important as it allows the patient to make an informed decision to either accept or refuse treatment. Secondly, a patient has a right to be treated with dignity (Pozgar, 2007). An open relationship between the patient and the physician is imperative in healthcare. Relating to dignity is the confidentiality. All information relating to the medical history of a patient ought to be treated with confidentiality as it may impact the patient negatively. For instance, some medical conditions may lead to stigmatization. An open relationship between the physician and patient makes it easier for the patient share sensitive information with the physician as they are guaranteed of confidentiality. Thirdly, Pozgar (2007) notes that a patient has the right to decide on the type of treatment to receive. The decision of the patient in regard to treatment is final and the physician ought to accept and respect the decision. However, there are cases whereby the physician is allowed to contact authorities to intervene in giving treatment. For example, if the patients health condition poses a risk to the health of the public and the patient refuses treatment. In such a scenario, the patient has to be forced to take medication. Fourthly, a patient has a right to be admitted to any medical institution. In this viewpoint, no health institution has the right to deny a patient admission on the basis of gender, race, religion, or even region of origin (Pozgar, 2007). These rights to the patient ought to be given to the patient upon admission in order for him or her to understand and comprehend his or her obligations. Q6. Describe and explain two different injuries, pieces of data or some other information that is reportable to a government entity and why they are reported? Ciottone (2006) asserts that any incidence of a medical condition or disease considered a public health risk must be reported to the government. A good example is communicable diseases. Governments are responsible for ensuring the security of its citizens including issues relating to health risks. Since governments have the appropriate resources to deal with communicable diseases, reporting makes it easier for information to be gathered to determine the prevalence of the disease and thus implement strategies to treat the disease and prevent further spread (Coittone, 2006). It is important to note that the responsibility of reporting a communicable disease lies on physicians and other medical personnel, not the patients. Analyzing data from such reports could also form the basis for implementation of strategies geared towards prevention of outbreaks of contagious diseases. According to Ciottone (2006), the maintenance of law and order lies solely on governments. In this perspective, all incidences of patients presenting with gunshot wounds must be reported to the government. All possessions and objects collected by a medical practitioner from a gunshot patient must be preserved appropriately as they may be used to prove a crime (Ciottone, 2006). As an example, the bullet removed from the patient must be preserved for the law enforcers, and also the patients clothes. Reporting such cases allows the government to investigate the cause of the shooting and any other issues that may be related to the shooting. Information that should be reported when a patient presents with gunshot wounds or a communicable disease as explained by (Ciottone, 2006) include the full name of the patient, part of the body injured in case of a gunshot wound, and the name of the health organization the case was reported. If the patient was treated outside the a health facility, then the location where treatment was conducted should be clearly noted in the report. However, Ciottone (2006) argues that reporting should not be done in a manner that affects the treatment of the patient.. References Ciottone, G. R. (Ed.). (2006). Disaster Medicine. Philadelphia, PA: Mosby Elsevier. Cornell, D. (Ed.). (2000). Just Cause: Freedom, Identity, and Rights. Lanham, Maryland: Rowman & Littlefield. Meiners, R. E., Ringleb, A. H., and Edwards, F. (2014). The Legal Environment of Business (12th ed.). Stamford, CT: Cengage. Pozgar, G. D. (2007). Legal Aspects of Health Care Administration. London, UK: Jones & Bartlett. Schermer, M. (2002). The Different Faces of Autonomy: Patient Autonomy in Ethical Theory and Hospital Practice. Dordrecht, Netherlands: Springer. Read More