Rick Has Just Been Told That He Will Have to Undergo

question 123

Multiple Choice

Rick has just been told that he will have to undergo a second operation because the results of the first operation are not as expected.In the first operation,a small device was inserted near his damaged knee to stimulate bone growth with electrical impulses.The device was not working.The operation was performed by Dr.Jones,who is employed by St.Everybody's hospital.There is evidence that the device itself is faulty.The hospital had purchased the device from Medisci Ltd.,which had purchased it directly from the manufacturer,Electrobo Ltd.The operation is not covered by the medical plan,and it will cost Rick $5000.Rick is very upset and wants to sue for damages.Which of the following is correct with respect to who Rick could sue and why?

• A) Rick can successfully sue the doctor for negligence.
• B) Rick can sue Medisci Ltd. for breach of contract.
• C) Rick can sue Electrobo for both negligence and breach of contract.
• D) Rick can sue Electrobo for negligence.
• E) Rick can't sue anyone. There are no guaranties in surgery.

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Definitions:

Insufficient Funds

A situation where an account does not have enough money to cover transactions, leading to declined payments or penalties.

Delivery

In contract law, the process of transferring the possession of a good or document from one party to another, completing the transaction.

Negotiation

(1) A bargaining process in which disputing parties interact informally to attempt to resolve their dispute. (2) The transfer of the rights to a negotiable instrument from one party to another.

Time Instrument

A type of draft that allows the payee to collect payment only at a specific time in the future.