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Questions answered - Essay Example

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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…
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Download file to see previous pages 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.
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 ...Download file to see next pagesRead More
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