Ogden a physician in a small town learned that there was a p

Ogden, a physician in a small town, learned that there was a pauper by the name of Smith living in the same town who was suffering from a malignant disease and in dire need of a physician\'s services. Ogden called upon Smith, who informed him that he had no money and could not afford to pay a physician, whereupon Ogden said, \"Don\'t let that bother you. I have a professional interest in your case.\" He performed a very intricate operation on Smith, treated him for a period of two months, and effected an entire cure. Smith later received a large legacy from the estate of a deceased relative. The physician, hearing this, makes a claim upon Smith for the value of his services. Can he recover on the basis of: (a) Express contract?-(b) Implied contract? (c) Quasi contract? Explain, treating each part separately.

Solution

The physician cannot recover the value of his services based on express contract. Express contract depends on the terms that the parties have agreed while exchanging the promise. It can be either oral or written and the elements of the contract will be stated clearly. In this case, while making the agreement to treat Smith, the physician Ogden has clearly stated that he has no financial interest in treating Smith and has only professional interest. Hence Ogden cannot claim value for his service based on express contract even though Smith has the capacity to pay the doctor after receiving the huge legacy.

Implied contracts are not written or spoken agreements and take decision based on the circumstances or the facts underlying the situations. It creates an obligation for the parties based on the actions of both the parties. By analyzing the situation and the facts behind the situation, the court can understand that Smith has undergone treatment from Ogden and Smith has the obligation to pay Ogden for the services rendered. Hence Ogden can recover the value of his services based on implied contract.

Quasi contract impose obligation on parties independent of an agreement. The court creates the quasi contract when it is found that one party has availed the service of the other party without paying for it. In this case court can create quasi contract between the parties as Smith has availed treatment of Ogden and did not pay for the treatment. The contract would impose obligation on Smith to pay for the medical services and the physician can recover the value of his services based on quasi contract.