Mastering Contracts on Law School Exams
FOR MULTI-STATE USE.
The Advanced Law Student Learning Series
“Communicate intelligently with your professor and peers.”
By Edward Paul Reyes, J.D., M.Ed.
JURAX BAR PREP, LLC, ALL RIGHTS RESERVED, AUGUST 2017
Summary: What follows are excerpts from the book of the title listed above. The full text may be accessed at the our Patreon site.
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SECTION 2: A GENERAL OVERVIEW: WHAT THIS CASE HAS TO DO WITH YOUR EXAM
General Issues From Case.
What does this case have to do with the law school exam? Below is the content that is applicable to the exam.
Main Heading: Contract Formation Stage.
Can a doctor enter into an agreement with a patient where the outcome may give rise to a cause of action under breach of contract (as opposed to a suit under malpractice)?
Main Heading: Remedies.
What are the results of having alleged damages that violate public policy?
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SECTION 4: CATEGORIZE UNDER THE MAIN HEADINGS
The holding in this case is translated here in the form of an element.
This case involves services so the common law applies.
A doctor can contract with a patient to form an agreement that may result in a cause of action under breach of contract.
Discussed above under Offer. Acceptance was proper and mutual accent existed.
Breach is present since a child was born after the supposed sterilization
procedure took place.
To be awarded damages, the damages must not be contrary to public policy.
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SECTION 5: KEY NOTES FROM THIS CASE
Key Notes Section.
Can a doctor enter into an agreement with a patient that may give rise to a cause of . . . .
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