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1.04 Contracts

1.04 Contracts. -Contract-. Agreement between two or more people. Enforceable by law. Elements of a Contract -Offer-. Definition: A proposal by one party to another indicating willingness to enter a contract. Elements of a Contract -Offer-. Example in healthcare:

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1.04 Contracts

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  1. 1.04Contracts

  2. -Contract- • Agreement between two or more people. • Enforceable by law. 1.04 Understand legal and ethical issues

  3. Elements of a Contract-Offer- Definition: A proposal by one party to another indicating willingness to enter a contract. 1.04 Understand legal and ethical issues

  4. Elements of a Contract-Offer- Example in healthcare: An individual enters into a relationship with a healthcare provider and offers to be a patient 1.04 Understand legal and ethical issues

  5. Elements of a Contract -Acceptance- Definition: The willingness to go along with the offer. 1.04 Understand legal and ethical issues

  6. Elements of a Contract -Acceptance- Healthcare example: Provider gives an appointment, examines, or treats the patient. 1.04 Understand legal and ethical issues

  7. Elements of a Contract -Genuine Agreement- Definition: Valid offer is met by a valid agreement 1.04 Understand legal and ethical issues

  8. Elements of a Contract -Genuine Agreement- Healthcare caution: Fraud, misrepresentation or undue influence can destroy the genuine agreement. 1.04 Understand legal and ethical issues

  9. Elements of a Contract -Capacity- Definition: The legal ability to enter a contract. 1.04 Understand legal and ethical issues

  10. Elements of a Contract -Capacity- *Legal Disability Definition: Individual who can not legally enter into a contract 1.04 Understand legal and ethical issues

  11. Elements of a Contract -Capacity- Legal Disability Examples: • Minors - younger than 18 years of age unless married • Mentally incompetent • Under the influence of drugs/alcohol • Semi-conscious/unconscious 1.04 Understand legal and ethical issues

  12. Elements of a Contract-Consideration- Definition: The thing of value promised in exchange for something else of value. Example: Payment is made by the patient for the services received. 1.04 Understand legal and ethical issues

  13. Elements of a Contract-Legality- Definition: Persons entering a contract cannot agree to do something that is illegal or forbidden by law. Example: Cannot agree to sell a kidney 1.04 Understand legal and ethical issues

  14. 2 Types of Contracts Implied contracts – non-verbal agreement of understanding Expressed contracts – state the terms of the agreement in distinct and clear language, either oral or written 1.04 Understand legal and ethical issues

  15. Healthcare Contract-Informed Consent- The patient or their healthcare power of attorney gives written permission for a treatment or procedure, based on a clear understanding of desired outcomes and possible complications. Informed consent is an essential component of a healthcare contract. 1.04 Understand legal and ethical issues

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